Court emphasizes statutory restrictions under Delhi Prison Rules, 2018, denying parole due to unsatisfactory jail conduct and lack of exceptional circumstances.
In a significant ruling, the Delhi High Court has dismissed the parole application of Mohd. Faruque Alwander, a Bangladeshi national convicted under Sections 302/34 of the Indian Penal Code (IPC), reaffirming the statutory restrictions that govern parole for foreign convicts. The decision, delivered by Justice Purushaindra Kumar Kaurav, underscores the stringent conditions under Rule 1211(iv) of the Delhi Prison Rules, 2018, which necessitate prior approval from the Ministry of Home Affairs and Ministry of External Affairs for granting parole to foreign nationals, and only in exceptional circumstances.
The petitioner sought parole on the grounds of maintaining social ties and alleviating stress and depression due to prolonged incarceration. However, the court noted that long incarceration alone does not qualify as an exceptional circumstance warranting parole, especially in light of the petitioner's unsatisfactory jail conduct and multiple criminal convictions.
The Home Department of the Government of Delhi had earlier rejected the parole application, citing the petitioner's foreign nationality and the absence of any exceptional circumstances. The court upheld this decision, emphasizing that parole is not a matter of right, as per the Supreme Court's ruling in Asfaq v. State of Rajasthan (2017) 15 SCC 55. The apex court had stressed that the nature and gravity of the offence, conduct and antecedents of the convict, potential for absconding or misuse of liberty, and larger public interest must be considered when granting parole.
The Delhi High Court concurred with this precedent, stating that the statutory restrictions of the Delhi Prison Rules, 2018, must be fulfilled and that the petitioner's case did not present special circumstances warranting parole. Consequently, the court declined to issue a writ of mandamus for the petitioner's release on parole, dismissing the petition in its entirety.
This decision highlights the challenges faced by foreign convicts in securing parole under Indian law, particularly when their jail conduct and antecedents do not support such relief. The ruling serves as a reminder of the importance of adhering to statutory provisions and the public interest considerations that guide parole decisions.
Bottom line:-
Parole application of a foreign national convicted under Section 302/34 IPC rejected due to statutory restrictions under Rule 1211(iv) of the Delhi Prison Rules, 2018, and adverse findings regarding jail conduct and antecedents.
Statutory provision(s): Rule 1211(iv) of the Delhi Prison Rules, 2018, Sections 302/34 IPC, Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
