GULAB ALIAS GURU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution challenging the order passed by the respondent on 4 th December 2009 refusing parole to the petitioner.

(2.) The petitioner, who has been convicted in the case registered vide FIR No. 131/2002 of Police Station Badarpur under Section 302/34 of IPC, filed an appeal to this Court, which was dismissed vide judgment dated 28 th May 2008 passed in Criminal Appeal 571/2007. Since the petitioner wanted to file Special Leave Petition before the Hon'ble Supreme Court, he applied to the Government for grant of parole. The request was turned down on the following grounds: i. Jail conduct is unsatisfactory. ii. The address of the convict could not be verified. iii. Adverse police report regarding apprehension of jumping the parole.

(3.) Grant of parole is primarily an executive function and, therefore, it is for the Government to consider the request made by a convict for grant of parole and pass appropriate order on it. If, however, it is shown that the order passed by the Government is based upon irrelevant considerations or on non-existing facts or is otherwise unsustainable in law, it is open to this Court, in exercise of its jurisdiction under Article 226 of the Constitution to quash such an order and direct the release of the convict on parole.