JAMIL Vs. STATE OF THE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for setting aside the order dated 8.7.2010 passed by the Superintendent, Central Jail No. 2, Tihar, observing that the petitioner is not eligible to apply to GNCT of Delhi for grant of parole in terms of para 11.2 of the Parole/Furlough Guidelines issued by the GNCT of Delhi on 17.2.2010, where under there is a requirement that the conduct of the convict in prison must have been uniformly good.

(2.) On the last date of hearing, in view of the statement made by the counsel for the petitioner that the rejection order has been passed by the Superintendent, Central Jail, Tihar, whereas the application made by the petitioner for grant of parole was submitted to the GNCT of Delhi, learned ASC for the State was directed to file a status report.

(3.) A status report is handed over by the learned ASC for the State and the same is taken on the record. As per the status report, vide letter dated 17.2.2010, the Deputy Secretary (Home), GNCT of Delhi had issued directions that before processing an application of the convict for grant of parole/furlough, the Superintendent Jail would assess the eligibility of the convict as per the guidelines and forward only such of the application which are covered under the guidelines. In view of the aforesaid position, the argument of the petitioner that the Superintendent Jail could not have passed any orders on the parole application of the petitioner is turned down.