Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole
1 year, 2 months ago

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole

Live Law  

The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.”Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an accused on the ground that. The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.” Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an accused on the ground that free legal aid is available in the jail and SLP can be filed from there. This right cannot be denied based on the availability of free legal aid in jail and the possibility of filing the SLP from the jail premises,” the court said. Observing that the accused was entitled to bail even as per rules, the court said: “Therefore, this Court is of the opinion that the order impugned herein was an order passed in a mechanical manner, without appreciating the contents of nominal roll and the rules for grant of parole under the Delhi Prison Rules, 2018.” Counsel for Petitioner: Mr. Piyush Bhardwaj & Mr. Rajat Rajoria Singh, Advocates Counsel for Respondent: Mr. Jasraj Singh Chhabra & Mr. Amit Peswani, Advocates for Ms. Nadita Rao, ASC for the State Title: VINOD KUMAR v. STATE Citation: 2024 LiveLaw 2

History of this topic

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