The Delhi High Court has strongly criticized jail authorities for repeatedly rejecting a parole request on previously dismissed grounds. Justice Neena Bansal Krishna emphasized that once a court has ruled on the validity of a reason for denying parole, jail authorities must strictly follow that order.

“Once a judicial mind has been disclosed in any order about the validity of any ground for rejection or non-rejection of the parole/furlough application, the same should be more judiciously and scrupulously adhered to by the Jail Authorities,” the Court said.

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The case involved Mohd. Sheikh Noor Hussain, convicted under Sections 302 and 376(2)(f) IPC, who has spent over 20 years in prison. He sought parole for four weeks, highlighting that apart from a delayed surrender during COVID-19 emergency parole—due to unawareness of the surrender date—his conduct was otherwise clean.

Despite this, jail authorities rejected his plea again citing the same delay. The Court noted this exact ground was already rejected in a 2024 order where parole had been granted.

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“The insistence to persist in making this a ground of rejection every time, compelling the petitioner to come to the Court, is neither warranted nor appreciated,” the judge observed.

The Court also criticized the authorities for treating the convict’s 2022 suicide attempt as misconduct rather than a signal of mental health needs.

“Attempt to suicide reflects a mental condition. Instead of appreciating this, to issue a warning reflects scant understanding of the convict’s plight,” it said.

The parole request was also deemed “generic” by jail officials as it cited house repairs and financial issues. However, the Court held that parole serves the purpose of maintaining social ties, which the authorities failed to consider.

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Ultimately, the Court granted four weeks' parole on strict conditions, including a personal bond of ₹10,000, weekly police reporting, and staying at the stated address.

“Merely because he is confined to jail, does not reduce his status to that of a chattel, bereft of any basic Fundamental Human Rights,” the Court remarked.

Case title: Mohd Sheikh Noor Hussain vs. State NCT Of Delhi (W.P.(CRL) 979/2025)