Court affirms that statutory prerequisites for furlough, including good conduct remissions, remain unmet; emphasizes public safety and rule compliance.
In a significant judgment, the Delhi High Court has upheld the denial of furlough to convict Vikas Yadav, who was seeking a 21-day furlough from his life imprisonment sentence. The decision was delivered by Justice Ravinder Dudeja, who emphasized that the denial was in strict adherence to the amended Delhi Prison Rules, 2018.
Vikas Yadav, convicted for the murder of Nitish Katara, had petitioned for furlough citing his good conduct over 23 years of incarceration. However, the court highlighted that the amended Rule 1223(I) of the Delhi Prison Rules mandates the earning of rewards in the last three "Annual Good Conduct Remissions" as a prerequisite for furlough eligibility, a condition Yadav failed to meet due to his 25-year sentence without remission.
The court's decision underscored that furlough is a discretionary relief rather than an absolute right, stressing the importance of public safety, the convict's conduct, and statutory compliance. It dismissed the arguments presented by Yadav’s counsel, which relied on previous Supreme Court rulings, stating that those precedents were based on pre-amendment rules and did not apply to the current legal framework.
Justice Dudeja also noted that the corrigendum issued on December 1, 2025, which rectified an error in the initial rejection order, was lawful and necessary for aligning with the statutory requirements. The court found no arbitrariness or constitutional violations in the authorities' decision-making process.
This ruling reaffirms the judiciary's commitment to uphold statutory mandates and ensure that reformative measures like furlough align with public safety and legal standards.
Bottom Line:
Furlough is a conditional and discretionary relief under the Delhi Prison Rules, 2018, subject to statutory eligibility criteria and assessment of public safety, security, and conduct of the convict.
**Statutory provision(s):**
- Delhi Prison Rules, 2018: Rule 1223(I), 1171, 1178, 1224
- Indian Penal Code: Sections 302/34, 364/34, 201/34
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
- Article 226 of the Constitution of India
Vikas Yadav v. State NCT Of Delhi, (Delhi) : Law Finder Doc id # 2852083
