Parole applications : Delay in deciding by the competent authority despite statutory time frame : High Court seeks explanation

Delhi High Court Criticizes Delay in Parole Decisions, Grants Four Weeks Parole to Incarcerated Petitioner. Court Orders Principal Secretary (Home) to Appear Personally to Address Administrative Oversight

In a significant judgment dated October 8, 2025, the Delhi High Court, presided over by Justice Neena Bansal Krishna, granted four weeks of parole to Lalit @ Lucky, an inmate serving a sentence under Section 302 of the Indian Penal Code, 1860. The petitioner had applied for parole on July 22, 2025, citing the need to maintain social ties and family relations and to address the stress and depression resulting from prolonged incarceration. Additionally, Lalit sought parole to care for his father, recently discharged from the hospital due to age-related health issues.

Despite the statutory requirement under the Delhi Prison Rules, 2018, which mandates a decision within four weeks, the competent authority delayed its decision, prompting Lalit to seek relief through a writ petition under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Justice Krishna noted the insensitivity and disregard shown by the state authorities towards prisoners' rights, emphasizing that delays in granting parole not only cause undue stress but also defeat the purpose of parole, which is to maintain prisoners' social ties and mental health. The court highlighted the repeated violations of the Delhi Prison Rules, 2018, by the concerned authorities, who seem oblivious to the mental and physical well-being of incarcerated individuals.

The judgment underscored that parole is a right under the Delhi Prison Rules, 2018, aimed at maintaining prisoners' well-being and enabling them to sustain family ties. In light of this, the court allowed Lalit's petition, granting him four weeks of parole with specific conditions to ensure accountability. These conditions include furnishing a personal bond, reporting weekly to the local police station, maintaining an active mobile number, residing at the petition-stated address, surrendering upon parole expiry, and counting the parole period from the release date.

In a stern directive, the court ordered the Principal Secretary (Home), NCT of Delhi, to appear personally before the court on November 6, 2025. The Secretary is required to explain the repeated violations of the statutory timeframe for deciding parole applications and to provide a plan for streamlining the process, reflecting the court's commitment to ensuring administrative accountability and sensitivity towards prisoners.

Bottom Line:

Parole application under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Delay in deciding parole applications by the competent authority despite statutory time frame under Delhi Prison Rules, 2018, amounts to insensitivity towards prisoners.

Statutory provision(s): Article 226 of the Constitution of India, - Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Delhi Prison Rules, 2018

Lalit @ Lucky v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2793552