Constitution of India, 1950
Article 226 read with Section 482 of CrPC—Denial of parole—Writ—Parole sought on ground to file SLP—It is the right of a citizen to effectively pursue his legal remedy in the last court of justice in the country 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—Petition allowed.
[Para 9]
Delhi Prison Rule, 2018
Rule 1211—Denial of parole—Prisoner convicted under POCSO—Parole sought on ground to file SLP—Bar in the said rule is not absolute since competent authority has discretion, even in such cases, to grant parole, provided there exist special circumstances—Though the special circumstances were to be considered by the competent authority, the impugned order does refer to the special circumstances and that they were found insufficient for grant of parole, rather it only mentions that the SLP can be filed from the jail itself and that the conduct of applicant was not satisfactory—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.
[Paras 7 & 8]