Availing Legal Remedy In The Apex Court Is His Right: Delhi HC Grants Parole To Rape Convict To File SLP Before Supreme Court

The Delhi High Court has allowed the plea of a rape convict seeking parole on the ground of filing Special Leave Petition (“SLP”) before the Supreme Court.

The bench of Justice Swarana Kanta Sharma noted that availing legal remedy in the Apex Court is the right of the petitioner.

“Needless to say, availing his legal remedy in the Apex Court of the country is the right of the petitioner and this Court is not inclined to withdraw the same.”, the Court observed.

In this case, the petitioner was convicted under Sections 363/376(2) of Indian Penal Code, 1860 read with Section 6 of POCSO Act. The conviction was upheld by the High Court.

It is stated by counsel for the petitioner that the petitioner desires to file an SLP for which he has sought parole.

The Court was informed that an application was filed before the Home Department, Delhi Government and the same was dismissed on the ground that there were no special circumstances that existed for grant of parole and the convict could file SLP from the jail itself.

Advocates Kunal Malhotra and Ravinder Gaur appeared for the Petitioner whereas ASC Sachin Mittal appeared for State.

The Court observed that “…the right of a citizen to avail a legal remedy in the final court of country, which may often be the last ray of hope, cannot be denied on such ground.”

The Court noted that it is the right of a citizen to effectively pursue his legal remedy in the last court of justice which cannot be withheld merely on the basis of his past conduct or on the ground that free legal aid is available and that SLP can be filed from the jail itself.

“It is the right of a citizen to effectively pursue his legal remedy in the last court of justice in the county by filing SLP through a counsel of his own choice which is a valuable right. This cannot be withheld merely on the basis of his past conduct or on the ground that free legal aid is available and that SLP can be filed from the jail itself.”, the Court observed.

Thus the Court granted parole for a period of four weeks with some conditions.

Cause Title- Neeraj Bhatt v. State (Govt. Of Nct) of Delhi (Neutral Citation No. 2023/DHC/000034)

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