Allahabad HC Sets Aside Afzal Ansari's Conviction, Allows Him to Continue as MP
The Delhi High Court has sharply criticized state authorities for their repeated violations of the Delhi Prison Rules, 2018, emphasizing a lack of sensitivity toward inmates experiencing prolonged incarceration. In its recent order, Justice Neena Bansal Krishna highlighted the dangers of extended imprisonment without opportunities for parole and furlough, warning that such policies "can lead to a situation of indiscipline and anarchy in the Jail."
The Court said that keeping prisoners locked up for a long time without any temporary release goes against the purpose of prison laws, causes mental stress, and can lead to disorder or chaos in prisons. The case showed both the petitioner’s personal problem and the prison administration’s failure to follow the rules.
“Such instances, which have been repeatedly demonstrated by the State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health. It also reflects that they are not cognizant that such long incarceration without break by way of Parole and Furlough, can in fact lead to a situation of indiscipline and anarchy in the Jail itself,” the Court said.
It added that furlough or parole is only to ensure that the discipline in the jail is maintained by taking care of the prisoners.
“It has been noted that many Orders have been passed by this Court directing the State Agency, to show some sensitivity but it seems that it is too tall a claim to ask from the Respondent, who sitting in their offices, have no respect/regard either for law or for the persons in Jail,” the Court said.
The case arose from a petition filed by a murder convict who had been serving a long sentence in Delhi. On July 22, 2025, the petitioner applied for one month of parole under the provisions of the Delhi Prison Rules, 2018. He sought temporary release on several grounds to maintain social and family relations, to relieve mental stress and depression caused by prolonged imprisonment and to look after his ailing father.
It was submitted to the Court that even after a lapse of more than a month, no decision was taken by the Competent Authority. Consequently, the Petitioner approached the High Court for the grant of parole.
Court’s Criticism Of Authorities:
The bench strongly criticized the prison and State authorities for repeatedly violating the Delhi Prison Rules, 2018, particularly regarding the timely consideration of parole and furlough applications. The Court observed that the authorities have shown a complete lack of sensitivity towards prisoners who suffer from long incarceration, ignoring the mental and physical strain such confinement causes.
The Court stressed that delays in granting parole or furlough defeat their purpose of helping prisoners maintain family bonds and mental health. It warned that prolonged imprisonment without relief can cause unrest and indiscipline in jails. Despite repeated directions, the authorities remain indifferent and careless, showing an ongoing administrative failure rather than a one-time mistake.
Court’s Direction And Observations:
“Considering that the Parole for four weeks, was sought not only for the physical and mental health of the Petitioner but also on account of the ill-health of his father, which is his right under the Delhi Prison Rules, 2018 and there is no circumstance brought on record, which disentitles him from claiming this relief, this Court is compelled to allow the Petition and grant four weeks' Parole to the Petitioner,” the Court said.
In addition, the bench summoned the Principal Secretary (Home), Delhi Government, to appear in person on November 6, 2025, to provide an explanation for the repeated non-compliance and outline steps to streamline the parole and furlough process.
Case Title: Lalit @ Lucky v. State of NCT of Delhi W.P.(CRL) 3177/2025
Third Year BALLB Law Student