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Delhi High Court Upholds One-Year Watch Before Furlough for Convicts Readmitted After Appeals

The bench held the 2019 directive is a valid exercise of the prisons chief’s supervisory authority.

Overview

  • Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela dismissed Deepak Srivastav’s plea challenging the rule as violative of Articles 14 and 21.
  • The court said Clause F(3) of Standing Order No. 01 of 2019 is supplemental to the Delhi Prisons Rules and reaffirmed that seeking furlough is not an absolute right.
  • Judges found a reasonable classification between convicts who remained in continuous custody and those who re-enter jail after bail or suspension of sentence.
  • The order requires a one-year period of conduct monitoring from the date of readmission before a convict becomes eligible to be considered for furlough.
  • Srivastav, who surrendered on November 13, 2024, remains ineligible until November 13, 2025, with the court directing that any post-date application be decided promptly subject to law and conduct.