Pandemic-Era Delays In Surrender No Ground To Deny Furlough: Delhi HC Grants 2-Week Relief To Life Convict
Court was hearing a plea by a convict serving a life sentence in a murder case, who sought a two-week furlough after nearly a decade in incarceration;
The Delhi High Court has held that minor delays in surrendering to prison during the COVID-19 pandemic cannot be grounds to deny furlough to convicts.
The Single Bench of Justice Swarana Kanta Sharma emphasized that the unprecedented hardships of the pandemic must be factored into furlough decisions, especially for underprivileged prisoners.
The Court was hearing a plea by a convict serving a life sentence in a murder case, who sought a two-week furlough after nearly a decade in incarceration.
His plea also challenged the jail authorities’ order rejecting his request, citing delays in his previous surrenders after being granted emergency parole during the pandemic.
The convict had been released twice on emergency parole in 2020 and 2021 but had surrendered with delays of 7 and 26 days respectively. His counsel argued that the delays were unintentional, occurring during a period of unprecedented crisis, and that the convict, hailing from a remote village, had faced practical difficulties in returning to jail on time.
It was also submitted that the prolonged imprisonment had caused him mental distress, and a short release was necessary to alleviate his inner stress and depression.
The Court, taking note of the extraordinary circumstances, said: “COVID was not an ordinary time. The entire nation was grappling with a crisis, uncertainty, and widespread distress. Amid such hardships, a delay in surrender, particularly by an underprivileged convict from a remote village, ought to be dealt with compassion and sympathy.”
The Court further observed that the convict’s conduct inside prison had been satisfactory and that he had been actively engaged in prison work, serving as a langar sahayak (volunteer at the community kitchen).
Rejecting the prison authorities' reasoning as unduly harsh, the Court allowed the convict’s plea and granted him furlough for two weeks. "The petitioner shall furnish a personal bond in the sum of Rs.10,000/- with cash surety of the like amount, to the satisfaction of the Jail Superintendent (as also allowed earlier by this Court in the case of present petitioner)," the Court ordered.
The Single Judge directed the convict to surrender before the jail superintendent upon the expiry of the furlough period.
Case Title: Vinod v. State of NCT of Delhi