KUNDAN SINGH Vs. STATE GOVT. OF NCT DELHI

JUDGEMENT

(1.) The issue before this Court is to adjudicate a crucial question of law as to whether a convict has a right to procreation and parenthood or not. A prayer has been made before this Court that the convict herein whose request for grant of parole has been rejected, be released on parole on the premise that the right to procreation is not a mere desire but an essential aspect of human existence, carrying profound implications for the continuity of familial bonds and the preservation of one's legacy.

(2.) As the Court grapples with this intricate legal question, it is tasked with determining whether, in the face of a rejected parole application, the preservation of familial lineage through procreation constitutes a compelling enough ground to warrant intervention.

(3.) Thus, by way of present writ petition under Article 226 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C."), the petitioner seeks issuance of writ in the nature of certiorari for quashing of order dtd. 8/8/2023, passed by learned Deputy Secretary (Home), Government of NCT of Delhi, and for issuance of writ of mandamus directing the respondent to release the petitioner on parole for a period of 12 weeks.