SURENDER KERA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present writ petition, the petitioner seeks writ in the nature of certiorari for setting aside the rejection order bearing number F.18/469/2014/HG/1347-48 dtd. 16/5/2025 passed by the respondent, and writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of three months.

(2.) It is evident from the Nominal Roll placed on record that the petitioner is presently confined in Central Jail No. 14, Mandoli, New Delhi, as he was convicted for commission of offences punishable under Ss. 302/120B/307/34 of the Indian Penal Code, 1860 [hereafter 'IPC"] and Sec. 27 of Arms Act, 1959, and was awarded rigorous imprisonment for life, in case arising out of FIR No. 887/2006, registered at Police Station Punjabi Bagh, Delhi. The criminal appeal preferred by the petitioner was dismissed by this Court, and the Special Leave Petition preferred against the same was also dismissed by the Hon'ble Supreme Court.

(3.) It is stated that the petitioner had submitted an application for parole through jail authorities on 8/2/2025, seeking release for a period of two months on the ground of securing admission for his son in a school and arranging funds for the same by selling his property. Pursuant thereto, on 26/2/2025, an inquiry was conducted at the petitioner's residential address for the purpose of verification. On 20/3/2025, the jail authorities had forwarded the petitioner's parole request to the Home (General) Department for consideration. However, despite the lapse of more than 60 days, no decision was communicated by the competent authority, prompting the petitioner to approach this Court by way of W.P. (Crl.) No. 1416/2025. The said writ petition came to be listed on 1/5/2025, when this Court directed the competent authority to decide the petitioner's representation within one week. However, no decision was communicated to the petitioner within the stipulated time. Eventually, on 16/5/2025, after a delay of nine days, the competent authority rejected the petitioner's request, that too without assigning any cogent reasons and in a mechanical manner.