W.P. (CRL) No. 1336/2025 Page 1 of 36

* IN THE HIGH COURTOF DELHI AT NEW DELHI

% Reserved on: 29

th

October, 2025

Pronounced on: 06

th

April 2026

+ W.P. (CRL) No. 1336/2025, CRL.M.A. 12561/2025

RAJAB ALI @ BABLOO

S/o Liyakat Ali

(Presently confined in CJ-02, Tihar, New Delhi) ....Petitioner

Through: Ms. Vrinda Bhandari, Ms. Vanshita

Gupta, Ms. Shrutika Pandey and Ms.

Ragini Nagpal, Advocates.

versus

1. STATE (NCT OF DELHI)

Through the Home Department

5th Level, C-Wing, Delhi Secretariat

New Delhi-110002 .....Respondent No. 1

2. DIRECTOR GENERAL OF PRISONS

CJ-02, Tihar, New Delhi-110064 ....Respondent No. 2

Through: Mr. Sanjeev Bhandari, ASC with SI

Seema, PS Gandhi Nagar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Article 226 of the Constitution of India read with

Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter

referred to as „B.N.S.S.‟), has been filed on behalf of the Petitioner, Rajab

Ali @ Babloo for quashing of the Minutes of the Meeting of Sentence

Review Board dated 30.08.2024 and 19.09.2024, duly approved by the

W.P. (CRL) No. 1336/2025 Page 2 of 36

Hon‟ble Lt. Governor, Delhi, rejecting his premature release and has

further sought issuance of appropriate Writ for directing his premature

release.

2. The Petitioner has submitted that FIR No. 216/2003 under Section

376 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟),

Police Station Gandhi Nagar, was registered and the Petitioner was arrested

on 26.01.2003 on the allegation of allegedly raping a 3.5-year-old child, on

21.01.2003. The Court of learned ASJ, Delhiconvicted him under Section

376 IPC on 21.12.2005 and sentenced him on 22.12.2005, to undergo Life

Imprisonmentand also imposed fine, under Section 376 IPC.

3. The Criminal Appeal No. 58/2006 was dismissed by this Court on

22.01.2010 and the Order of Conviction and Sentence was upheld. To the

knowledge of the Petitioner, no SLP was ever preferred before the Hon‟ble

Supreme Court of India and thus, the Order of conviction and sentence,

attained finality.

4. The Petitioner has stated that he is in judicial custody since

26.01.2003 and has been in actual custody for nearly 22 years, 06 months,

27 days. The Petitioner is presently in Semi-Open Jail, Central Jail No. 2,

Tihar and is working as a cleaner/sweeper/helper.

5. The case of the Petitioner was considered for the first time by the

SRB for pre-mature releaseon 06.01.2016, in view of the fulfilment of the

conditions for pre-mature release. However, vide Minutes of Meeting dated

06.01.2016, the SRB rejected the Petitioner‟s premature release on the basis

of nature and gravity of the offence and the threat to the family of the victim,

despite the recommendation of the Chief Probation Officer. This was

W.P. (CRL) No. 1336/2025 Page 3 of 36

followed by second rejection by SRB vide its Minutes of Meeting dated

01.09.2016.

6. Thereafter, the Petitioner suffered third Rejection by on similar

grounds as earlier rejections, and also by observing that there was opposition

by the Police.

7. The Petitioner has submitted that he thereafter, suffered 06 other

Rejections vide Minutes of Meeting dated 28.02.2020; 05.08.2020 and

06.08.2020; 11.12.2020; 25.06.2021; 21.10.2021 and 30.06.2023.

8. The Petitioner faced his 10

th

Rejectionvide Minutes of Meeting of

SRB dated 30.08.2024 and 18.09.2024; again, on the basis of heinousness

and manner of crime, gravity and perversity of the crime, age of the convict

and strong opposition by the Police authorities, etc.

9. The details of the rejection by SRB, are detailed as under:-

Sr.

No.

Date of

SRB

Meeting

Actual

Imprisonm

ent

Imprisonmen

t with

Remission

Opposed By SRB

Recommendatio

n

Grounds

Relied on by

SRB

Order by

the Lt.

Governo

r

1. 06.01.2016 12 years,

05 months

and 19

days

15 years, 07

months and

04 days

(1) Ld. Addl.

Sessions

Judge

(2) Delhi

Police

Recommende

d By:

(1) Chief

Probation

Officer

Rejected

(Serial No. 29)

(i) Nature and

gravity of the

offence: and

(ii) He is

threatening

the family of

victim

Rejected.

2. 01.09.2016 13 years,

04 months

and 21

days

16 years, 10

months

(1) Delhi

Police

Recommende

d By:

(i) Chief

Probation

Officer

Rejected

(Serial No. 73)

(i) Nature of

crime; and

(ii) He has not

lost his

potential to

commit such

a crime

Rejected

W.P. (CRL) No. 1336/2025 Page 4 of 36

3. 06.09.2017 14 years,

04 months

and 20

days

17 years, 11

months and

21 days

(1) Delhi

Police

Recommende

d By:

(1) Chief

Probation

Officer

Rejected

(Serial No. 83)

(i) Nature of

crime;

(ii)

Circumstance

s in which

crime was

committed;

and

(iii)

opposition by

police

Rejected

4. 28.02.2020 17 years

02 months

and 18

days

22 years, 01

month and 26

days

(1) Delhi

Police

(2) Director,

Social

Welfare

Department

Recommende

d By:

(1) Social

Welfare

Department

Rejected

(Serial No.

1045)

(i) facts and

circumstances

of the case as

the convict

(Petitioner

herein) has

committed

rape upon

31⁄2 years

minor girl

child;

(ii) Perversity

of the crime;

and

(iii)

Possibility of

committing

similar crime

again.

Rejected

5. 05.08.2020

and

06.08.2020

17 years,

01 month

and 28

days

22 years, 01

month and 13

days

(1) Delhi

Police

(2) Director,

Social

Welfare

Department

Recommende

d By:

(1) Social

Welfare

Department

Rejected

(Serial No. 58)

(i) Facts and

circumstances

of the case

i.e.,

committing

rape upon a 3

½ years minor

girl child; and

(ii) Perversity

of the crime.

Rejected

vide

order

dated23.

10.2020.

(Serial

No.109)

6. 11.12.2020

17 years,

08 months

and 18

days

22 years, 07

months, 26

days

(1) Delhi

Police

(2) Director,

Social

Welfare

Department

Recommende

d By:

(1) Social

Rejected

(Serial No. 167)

(i) Facts and

circumstances

i.e.,

committing

rape upon a 3

½ years minor

girl child;

(ii) Manner in

which the

offence was

committed

Rejected

vide

order

dated

05.03.20

21

W.P. (CRL) No. 1336/2025 Page 5 of 36

Welfare

Department

(ii) the gravity

and

perversity of

the crime;

and

(iii)

Possibility of

committing

such crime

7. 25.06.2021 18 years,

01 month

and 18

days

23 years, 01

month, 11

days

(1) Delhi

Police

(2) Chief

Probation

Officer

Recommende

d By:

(1) Social

Welfare

Department

Rejected

(Serial No.

166)

(i) Facts and

circumstances

i.e.,

committing

rape upon

a 3 ½ years

minor girl

child;

(ii) Manner in

which the

offence was

committed;

(iii) Gravity

and perversity

of the crime;

and

(iv)

Possibility of

committing

such crime

Rejected

8. 21.10.2021 19 years,

05 months

and 28

days

24 years, 07

months, 12

days

(1) Delhi

Police

(2) Special

Secretary cum

Director,

Social

Welfare

Department

Recommende

d By:

(1) Social

Welfare

Department

Rejected

(Serial No. 150)

(i) Facts and

circumstances

i.e.,

committing

rape upon a 3

½ years minor

girl child;

ii) Manner in

which the

offence was

committed;

(iii) Gravity

and perversity

of the crime;

and

(iv)

Possibility of

committing

such crime

again

Rejected

vide

order

dated

17.01.20

22

(Serial

No. 131)

9. 30.06.2023 20 years,

11 months

and 18

days

25 years, 01

month and 03

days

(1) Delhi

Police

(2) Social

Welfare

Rejected

(Serial No. 220)

(i) Facts and

circumstances

i.e.,

committing

rape upon a 3

½ years minor

Rejected

vide

order

dated

21.11.20

23

W.P. (CRL) No. 1336/2025 Page 6 of 36

Department girl child;

(ii) Manner in

which the

offence was

committed;

(iii) Gravity

and perversity

of the crime;

and

(iv)

Possibility of

committing

such crime

again.

(Serial

No. 197)

10. 30.08.2024

and

18.09.2024

22 years

01 month

and 18

days

27 years, 05

months & 20

days

(1) Delhi

Police

(2) Social

Welfare

Department

Rejected

(Serial No.

183)

(i) Brutality

of crime, i.e.,

committing

rape upon a 3

½ years minor

girl child;

(ii) Manner of

heinous

offence so

committed

(iii) Gravity

and perversity

of crime;

(iv) Age of

the convict;

(v) Strongly

opposed by

Police

authorities

etc.

(vi) Crime

being

desperate and

shaking the

confidence of

the society;

(vii) Release

of convict not

being in the

interest of the

society at

large.

Rejected

vide

order

dated

04.12.20

24

(Serial

No. 149)

W.P. (CRL) No. 1336/2025 Page 7 of 36

10. Thus, the case of the Petitioner has been placed before Sentence

Review Board (SRB) for 10 times from September 2007 till September 2024

and lastly, on 30.08.2024 and 19.09.2024. On every occasion, the case of the

Petitioner has been duly considered and SRB but rejected keeping in view

the gravity of the offence, minor age of the child, opposition of Police

authorities and the larger interest of the society.

11. To explain his good conduct, the Petitioner has enumerated that was

awarded on 21.06.2018, a certificate of Yoga Training conducted by the

Panchvati Yogasharam and Nature Cure Centre at the Tihar Jail from

07.04.2018 to 21.06.2018.

12. The Jail Authorities shifted the Petitioner to Semi-Open Jail at A-

Block & B-Block, JTS quarters, Tihar vide Order dated 04.09.2017, subject

to furnishing of one surety of Rs.10,000/- along with his personal bond to

the satisfaction of the Jail Superintendent. By the Order dated 16.10.2018,

the Petitioner was transferred from Semi-Open Jail, Tihar to Semi-Open Jail,

Mandoli. Thereafter, on 11.06.2019, the Petitioner was transferred to Open

Prison at Tihar Jail.

13. The Petitioner in the interim, had been released on emergency Parole

during the Covid-19 period, after which, he surrendered himself but was

lodged in Regular Jail due to paucity of place in Semi-Open Jail. Thereafter,

he was transferred vide Transfer Parcha dated 11.10.2023 to Semi-Open

Jail.

14. The Petitioner has stated that he had been released on Parole thrice

and on emergency Parole from 03.04.2020 to 29.05.2020, and thereafter

W.P. (CRL) No. 1336/2025 Page 8 of 36

again, from 14.05.2021 to 12.08.2021. He has also been granted Furlough

22 times.

15. In addition, during his course of incarceration from 2006 to 2023, he

assumed several positions of responsibility including but not limiting to

carrying on welding work, at Langar, learning yoga, cleaning work, Tea

serving duties, managing prison canteen. Further, while working in Semi-

Open Jail in 2023, he worked at Tihar Haat. While he was on Emergency

Parole during Covid-19 Pandemic, he was gainfully employed as an e-

rickshaw driver, before he surrendered on 06.04.2023.

16. The Petitioner has sought the remission on the grounds that the SRB

has erroneously applied Notification dated 16.07.2004 by placing reliance

on State of Haryana vs. Jagdish, (2010) 4 SCC 216 wherein it was held that

the Remission Policy existing on the date of conviction, shall apply.

However, it has not been considered that in the Judgment of Joseph vs.

State of Kerala, (2023) INSC 843, it has been made clear that when a more

liberal Policy is in effect at the time of a „lifer‟s‟ consideration for premature

release, the Policy which is more beneficial to the individual, must be

applied. The DPR, 2018 Rules, which had been notified, should have thus,

been considered, to assess the case of the Petitioner, for pre-mature release.

The misapplication of law undermines the fairness and legality of the SRB‟s

decision.

17. Rule 1253 of Delhi Prison Rules, 2018 (DPR) states that all the

convicted male prisoners not covered by Section 433A of the Code

undergoing sentence of life imprisonment, would be entitled to be

considered for premature release after they have served at least 14 years of

W.P. (CRL) No. 1336/2025 Page 9 of 36

imprisonment inclusive of remission, but only after completion of 10 years

of actual imprisonment, i.e. without remissions.

18. It is further submitted that perusal of Minutes of Meeting including

the impugned Minutes, would divulge that relevant factors, including the

conduct of the Petitioner inside and outside the prison, his socio-economic

background and his family, has been routinely discounted. Such repeated

rejections, without consideration of relevant facts, reflects a mechanical and

perfunctory approach that undermines the very objective of the SRB‟s

mandate.

19. The SRB has time and again, failed to give due weight to the

Petitioner‟s exemplary conduct, while in incarceration. His participation in

rehabilitation/training programs, Certificates of recognition as awarded to

him, and his contributions to prison activities, has been consistently

overlooked.

20. The fact that the Petitioner had been working in Semi-Open Jail in

2019, prior to his release on emergency parole during Covid-19 Pandemic

and that he is presently also working in Semi-Open Jail, demonstrates, both

trust and reformative progress, a factor which should have weighed in his

favour, for his pre-mature release. The record of the Petitioner and his

eligibility for Semi-Open Jail as per DPR, 2018, is compelling evidence that

he has demonstrated a significant reduction in his propensity to commit

crime; has shown excellent conduct and has performed labour allotted to

him with devotion and diligence, andhas shown potential for rehabilitation.

The exemplary conduct of the Petitioner, in the Jail, is evidenced through

W.P. (CRL) No. 1336/2025 Page 10 of 36

recommendation for pre-mature release by Chief Probation Officer and

Social Welfare Department, on multiple occasions.

21. His adherence to legal and procedural requirements, such as

surrendering upon completion of Interim Bail, Parole, and Furlough,

underscores his commitment to lawful reintegration into the society.

22. The Petitioner has not only exhibited exemplary and reformed

behavior within jail, but has also demonstrated strict adherence to law

during his release on Interim Bail, Parole and Furlough. He has never

indulged in any notorious activity. His conduct during the periods of release,

outside the prison, reinforces his commitment to rehabilitation and lawful

reintegration into the society. By ignoring such crucial aspects and merely

reiterating a generalized assumption, the SRB has acted arbitrarily,

rendering its decision unreasonable and unjust.

23. There is repetitive and flawed decision-making process of the SRB,

wherein in each rejection, reliance has been placed on identical grounds i.e.,

facts and circumstances of the case, without fresh evaluation or meaningful

application of judicial principles. The exercise has become routine and

devoid of any substantive engagement with the Petitioner‟s evolving

circumstances, thereby, rendering the entire process arbitrary and unfair. It

is evident that the Petitioner‟s case has not been assessed on its merits;

instead he has fallen victim to the mechanical and prejudicial approach,

warranting judicial intervention to rectify this manifest injustice.

24. The SRB has significantly erred in stating that “The Board felt that

such a desperate crime shakes the confidence of society and recommending

release may develop lack of faith of the general public in the legal system (at

W.P. (CRL) No. 1336/2025 Page 11 of 36

least in cases of rape convict).” This assertion is manifestly prejudicial,

reeks of bias and reflects an improper reliance on public sentiment; rather

than an objective assessment of the individual case or the factors, to be

considered by SRB. The Board‟s reasoning fails to consider the fundamental

principles of rehabilitation, proportionality, and individualized justice.

25. The SRB has drawn an arbitrary distinction amongst life convicts,

solely on the basis of nature of crime and has attempted to create a class of

convicts merely by virtue of the offence committed, which amounts to

impermissible classification and is constitutionally unsustainable.

26. The Petitioner has relied on Vijay Kumar Shukla vs. State of NCT of

Delhi &Anr., 2024 SCC Online Del 7805 wherein while setting aside the

remission rejection by the SRB‟s Order for release of the Petitioner, the

indispensability of a speaking and reasoned order as a third pillar of pre-

mature justice, was upheld.

27. It is further submitted that the impugned Rejection by the SRB, is

liable to be set-aside. Firstly,the discretion should have been based on

relevant factors as laid down in DPR, 2018, which include the loss of

propensity for committing the crime; possibility of reclaiming the convict as

a useful member of the society and the socio-economic condition of the

convict‟s family.

28. Secondly,the pre-mature rejection could not be solely based on lack

of recommendation by the Police.

29. Reliance is placed on Hari Singh vs. State (NCT of Delhi), 2023 SCC

OnLine Del 7118 wherein it was held that a court shall be mindful of the

gravity and nature of the offence committed by the Petitioner, however, that

W.P. (CRL) No. 1336/2025 Page 12 of 36

cannot be the only factor to deny the benefit of premature release of the

Petitioner. Furthermore, SRB‟s mala fide consideration of „age of convict‟

for pre-mature release, is completely unreasoned and dehors any

substantiation.

30. Reference is made to Satish @ Sabbe vs. The State of Uttar Pradesh,

SLP (CRL.) No. 8326/2019 wherein while referring to Zahid Hussain vs.

State of West Bengal, 2001(3) SCC 750, the Supreme Court of India, has

held that assessment regarding predilection to commit crime upon release,

must be based on antecedents as well as conduct of the prisoner while in

jail, and not merely on his age.

31. On the ten occasions of consideration of the case of the Petitioner for

remission, the SRB has relied on the Report of the Police Department that it

has opposed the release of the Petitioner. However, such a consideration is

irrelevant and extraneous as per Rule 1257(c) of DPR, 2018, which states

that “Board shall not ordinarily decline a premature release of a prisoner

merely on the ground that the police have not recommended his release.”

32. Reliance has also placed on Kartik Subramaniam vs. Union of India

&Anr., AIR OnLine 2021 DEL 76, which was in respect of a challenge

against the decision of the Central Government, which did not concur with

the recommendations of the SRB, on the point of pre-mature release, the

Supreme Court of India, observed that “it is implicit that the said consent

cannot be arbitrarily or unreasonably withheld. It is well settled that all

State actions must be informed by reasons and cannot be arbitrary.

Considering that such decisions of the Central Government concern the

right of life and liberty, it is imperative that such a decision also stand the

W.P. (CRL) No. 1336/2025 Page 13 of 36

test of reasonableness on the anvil of Article 14 of the Constitution of

India.”

33. It is further asserted that the primary object in modern penology is

reformation and correction and the objective of punishment, is to reform the

Petitioner and to bring him back to the society; assist his reintegration and

not to wreak vengeance because of his past conduct. The Petitioner‟s case

merits release, for which he has reliance on Wahid Ahmed vs. State of NCT

of Delhi, 2022 SCC OnLine Del 2948 and Vijay Kumar Shukla (supra).

34. The conduct of the Petitioner inside the jail, has been recorded as

satisfactory as on 18.08.2025. The Petitioner has undergone custody for 22

years, 06 months, 06 days without remission and 28 years, 08 months with

remission. The grievance of the Petitioner regarding premature release does

not hold merit in view of a repeated consideration by SRB and its rejection

on valid grounds.

35. Hence, a prayer is made that the Order of the Hon‟ble Lt. Governor

dated 04.12.2024, approving the Minutes of the Meeting of SRB held on

30.08.2024 and 18.09.2024, be set-aside and the pre-mature release of the

Petitioner, be directed.

36. The Petitioner in hisWritten Submissions, in addition to the

reiteration of the contents of Petition, has stated that the criterion and

procedure for selection to be confined in Semi-Open Prison is stipulated in

Rule 1321 and 1323 of DPR, and forOpen Prison in Rule 1325 and 1326 of

DPR. Among other criteria, only convicts who:

(i) are found to be of good behavior, mentally fit and self-

disciplined;

W.P. (CRL) No. 1336/2025 Page 14 of 36

(ii) have maintained excellent conduct inside Semi-Open Prison

and have performed allotted labour with devotion and diligence

(iii) are fit to be trusted for confinement in Open Jail, are considered

for lodgment in Open Prison.

37. Since the Petitioner exhibited excellent conduct in Semi-Open Prison,

the Jail Authorities found it appropriate to repose trust in the Petitioner to be

kept in Open Prison. It reflects that Petitioner‟s good character, discipline

and devotion in discharging work allotted, is a testament of the fact that he

is reformed and is fit to be reintegrated into the society. Considering his

usefulness inside Semi-Open Prison and good character, he has become

harmless and is now eligible to be reclaimed as a useful member of the

society in terms of Rule 1244 and 1251 of DPR.

38. Further, in gross violation of the rules, the petitioner‟s case was

summarily rejected by SRB, simply on the grounds:

(i) manner of heinous crime so committed;

(ii) gravity and perversity of the crime;

(iii) age of convict;

(iv) strong opposition by the Police authorities, etc.

39. Reference was made to Sushil Kumar vs. State, W.P. (Crl.) No.

3798/2018 wherein the Division Bench of this Court held that the SRB must

exercise its discretion in a just and reasonable manner after due and proper

consideration of all the relevant material.

40. The perusal of the impugned Minutes shows the multiple factors

pertaining to the Petitioner which are completely discounted by the SRB.

These are:

W.P. (CRL) No. 1336/2025 Page 15 of 36

(i) his residence in Semi-Open Prison since 2017 and the

recommendation to Open Prison in 2019;

(ii) his sterling and satisfactory conduct in prison, including his

multiple release on Parole;

(iii) significant reduction of propensity to commit crime as there is

no finding of misconduct in last 28 years of incarceration;

(iv) his family socio-economic background as his parents are dead

and he is the eldest of four siblings who has to support his younger

brothers who has a mental disability, and he himself is suffering from

various health problems; and

(v) his usefulness to the society especially considering his

temporary employment as an e-rickshaw driver when released

temporarily from Prison and including and also various positions of

responsibility inside the Prison, such as, welding work, langar work,

cleaning, tea services, management of prison canteen, etc.

41. The impugned Minutes have placed overemphasis on the nature of

crime, without consideration of other relevant factors.

42. Reliance is also placed on Satish @ Sabbe vs. State of Uttar Pradesh,

SLP (Cr/) No. 7369/2019 and Shor vs. State of Uttar Pradesh and Anr.,

(2021) 14 SCC 820 wherein the Court directed the release of the Petitioner

noting that the Remission Board in the impugned Orders had taken a myopic

view of focusing mainly on the nature of crime, without considering the

post-conviction conduct of the life convicts. It was observed that assessment

by SRB regarding predilection to commit crime, cannot be based merely on

the age of the convict and is bad in law.

W.P. (CRL) No. 1336/2025 Page 16 of 36

43. The SRB has failed to consider the penological goal of punishment

and reformation and rehabilitation being the cornerstone of a criminal justice

system rather than retribution for which reliance is placed on Joseph vs.

State of Kerala and Others, W.P. (Crl.) No. 520/2022.

44. The Supreme Court in Rajo vs. State of Bihar, 2023 SCC OnLine SC

1068 reiterated that the aim and ultimate goal of imprisonment in even in the

most serious crime is reformative, after the offender undergoes a

significantly long spell of punishment through imprisonment. While the

nature of the offence and its societal impact are relevant consideration for

the SRB, the same cannot be the sole basis for continued incarceration. The

continued incarceration of the Petitioner herein on the basis of nature of

crime committed by him, defeats the entire substratum of reformative

theories, tight custom and poses a threat of overlooking the reformative

potential of the Petitioner.

45. The Petitioner has placed reliance on Vijay Kumar Shukla vs. NCT of

Delhi, 2024 SCC OnLine Del 7805, Wahid Ahmed vs. State of NCT of Delhi

and Ors., 2022 SCC OnLine Del 2948, Sushil Sharma (supra) Division

Bench and on Zafar Ul Islam vs. State of NCT of Delhi, W.P. (Crl.) No.

2518/2022 wherein the premature release of the Petitioner has been allowed

by the Court in exercise of power under Article 226 Constitution of India.

46. These judgments also emphasized that the role of SRB is especially

important for the SRB meetings are not being conducted regularly and the

convicts continue to languish in jail despite they being eligible for

consideration for premature release. Notably, the Social Welfare Department

after analyzing the history of the Petitioner, his behavior during custody and

W.P. (CRL) No. 1336/2025 Page 17 of 36

overall conduct, had recommended premature release of the Petitioner. The

Police Department, however, mechanically opposed the same without any

assigning any reason.

47. Relying on Notification dated 16.07.2004 issued by Respondent No. 1

and Letter dated 26.09.2003 issued by National Human Rights Commission,

it is submitted that eligibility criteria for consideration of premature release

enures soon after completion of 10 years of actual imprisonment. The

Petitioner had completed 10 years in the year 2013 since when he became

eligible for premature release. However, for the reasons best known to SRB

his case was considered for the first time only in 2015-16 and onwards. It is

therefore, submitted that the Petitioner may be granted premature release

from the Prison forthwith.

48. The State/Respondent No.1 in its Written Submissions has explained

that the SLP filed by the Petitioner against his dismissal of his Appeal by the

Division Bench of this Court, also met the same fate and was dismissed.

49. Reliance has been placed on Union of India vs. V Sriharan @

Murugan & Ors., (2016) 87 SCC 1 wherein it has been held that the Court

may review Executive orders on remission only in cases of blatant illegality

or constitutional violations. The Court‟s role is limited to directing the

consideration of remission claims, without the authority to grant remission

or order premature release. The appropriate Government retains the

discretion to consider and grant remission under Section 432 and 433

Cr.P.C.

50. Reliance has further been placed on Ram Chander vs. State of

Chhattisgarh &Anr., (2022) 12 SCC 52, Laxman Nascar vs. State of West

W.P. (CRL) No. 1336/2025 Page 18 of 36

Bengal and Anr., (2000) 7 SCC 626, Shashi Shekhar @ Neeraj vs. State of

NCT of Delhi, W.P. (Crl.) 1311 of 2016, Hari Singh vs. State of NCT of

Delhi, 2023 SCC OnLine Del 7118, Gurvinder Singh vs. State of NCT of

Delhi, W.P. (Crl.) 590 of 2024, Vijay Kumar Shukla vs. State of NCT of

Delhi, W.P. (Crl.) 1485 of 2024, Vikram Yadav vs. State Govt. Of the NCT

of Delhi, W.P. (Crl.) 3249 of 2024 and Santosh Kumar Singh vs. State (Govt

of NCT) of Delhi, W.P. (Crl.) 1431 of 2023 in support of its contentions.

51. Counter Affidavit has been filed on behalf of Respondent No.2,

wherein it is stated that the Sentence Review Board had rejected the case of

the Petitioner for premature release in the Impugned Minutes, keeping in

view the gravity of the offence, the minor age of the victim, the opposition of

the Police Authorities, and the larger interest of society.

52. It is stated that the conduct of the Petitioner inside jail has been

recorded as “satisfactory”. The grievance of the Petitioner regarding

premature release does not hold merit in view of the repeated consideration

of his case by the SRB and its rejection on valid grounds. Therefore, it is

prayed that the present Writ Petition be dismissed, as being devoid of any

merits.

Submissions heard and record perused.

53. The entire Remission Policy is based on reformative theory and it

provides clearly that if there are circumstances which reflect that the convict

is a reformed man and ready to intermingle in the society, he must be given

a chance by his premature release.

54. In Narottam Singh vs. State of Punjab, (1979) 4 SCC 505, the Apex

Court stated that reformative approach to punishment should be the

W.P. (CRL) No. 1336/2025 Page 19 of 36

objective of criminal jurisprudence aiming to foster rehabilitation without

affronting the conscience of the community and ensuring social justice. The

objective of punishment is not to seek vengeance for what is done, cannot be

undone but it is for the sake of reformation and rehabilitation.

55. Likewise, in State of Haryana vs. Jagdish, (2010) 4 SCC 213, the

Supreme Court underscored the foundational principles of criminal

jurisprudence as centering around human dignity, rehabilitation and

reformative approach to punishment. It was emphasized that while justice

necessitates that the guilty be held accountable, punishment must be

tempered by a humane and socially constructive outlook. The objective of

punishment should focus on reformation and reintegration ensuring that

clemency and remission policies align with modern penological theories

that view punishment not as retributive, but as a means to foster

rehabilitation and prevent recidivism, taking into account the convict‟s

potential for reintegration and the circumstances surrounding their offence.

56. The Remission Policy, 2004 was the first formulation of remission. Its

genesis lies in the guidelines issued by the National Human Rights

Commission (NHRC) in its Letter dated 08.11.1999 to ensure uniformity in

the matter of remission of the convicts wherein transparency, uniformity,

and procedural fairness in grant of remission was recommended to ensure

that prisoners do not become black holes of arbitrary detention. The

guidelines were therefore, forwarded to the States and Union Territories to

review their existing practice and procedure governing premature release of

life convicts and to bring conformity with the guidelines issued by the

W.P. (CRL) No. 1336/2025 Page 20 of 36

Commission. This was followed by another Letter dated 26.09.2003,

whereby the revised guidelines were recommended by the NHRC.

57. Thereafter, Ministry of Home Affairs introduced Model Prison

Manual for the Superintendent and management of prisons in India in 2003,

to harmonize State level Rules and International Human Rights

standards.Remission Policy, 2004 was thus, formulated to provide a

structured rule-based system for the functioning of Sentence Review Board

(SRB). It was intended as guidance for exercise of discretion and aimed at

clinical assessment of whether the convict had lost their propensity to

commit crime and to avoid whimsical executive action.

58. It established that the primary threshold for release was 14 years of

actual imprisonment for standard life sentence and a minimum of 25 years

(including remission), even for the most heinous category of crime. The

Apex Court in the case of Jagdish (supra) emphasized that the power of

remission, must be applied literally in favour of the convict, depending upon

the facts and the facts of each case with reference to the applicable Policy.

59. The Remission Policy, 2004 was replaced by enactment of Delhi

Prison Rules, 2018 (DPR 2018), wherein the principles of Policy, 2004

served as a blueprint for the Chapter XX of DPR dealing with remission

policy. The constitution of Sentence Review Board was specified to

comprise of the Ministry of Home, Chairman, Principal Judge Family,

Principal Judge, Principal Secretary Law and Justice, DGP and Chief

Probation Officers.

60. The conviction of the Petitioner being of the year 2005, which was

upheld in 2010; thereby the Remission Policy, 2004 is applicable in terms of

W.P. (CRL) No. 1336/2025 Page 21 of 36

the judgments of Jagdish (supra) However, in Joseph (supra) the Apex

Court clarified that though it is the Policy which was prevailing at the time

of conviction, shall be applicable in the present case, but in case a more

liberal Policy exists on the day of consideration, then the latter would apply.

Therefore, the Remission Policy 2004 becomes applicable, but the beneficial

provisions of DPR 2018, are also to be considered.

Whether SRB Meetings considered the Relevant Factors for Remission:

61. The Petitioner was convicted and sentenced vide Judgment dated

22.12.2005. The Criminal Appeal filed before this Court was dismissed by

the Division Bench on 22.01.2010 and the SLP filed in the Supreme Court

also met the same fate.

62. As Justice V.R. Krishna Iyer noted, “every sane has a past, every

sinner has a future”, it applies squarely to the Petitioner who in the past had

committed an offence of rape of a 3.5 years old child, when he was 22 years

old, but what needs to be looked his future; his conduct thereafter in the Jail

which is reflective of a complete transformation and his willingness to be a

changed person. The big question is whether his past would be his nemesis

for his entire future life or whether there is any ray of redemption.

63. According to the Remission Policy, 2004 the Petitioner was convicted

in the year 2004 and therefore, became eligible for consideration of

remission in the year 2013. However, he was considered for remission for

the first time vide SRB Minutes dated 06.01.2016 wherein the remission was

denied on the grounds that the Police opposed it and stated that there was a

threat to the victims of family of the victim, even though Probation Officer

recommended his release. It was noted that the learned Additional Session

W.P. (CRL) No. 1336/2025 Page 22 of 36

Judge opposed the premature release in view of nature and gravity of the

offence. Police also opposed premature release of the convict in his Report

as well as in the Meeting, in view of law and order problem and that he was

threatening the family of victim. The Chief Probation Officer recommended

premature release. The Sentence Review Board took into account the

overall facts of the case, heinous nature of the crime, non-recommendation

by the Police and rejected his premature release.

64. This was followed by SRB Meeting held on 01.09.2016, wherein a

similar negative Report was given by Delhi Police. It was similarly noted

that the Chief Probation Officer recommended the premature release of the

convict, but the Members of the Board were not convinced for this

premature release in view of nature of the crime and that he had yet not lost

his potential to commit the crime. The fate of the Petitioner remained the

same in the subsequent SRB meetings held on seven occasions between

06.09.2017 till 30.06.2023.

65. Pertinently, the tone and tenor in all the Minutes of the Meetings of

the 10 SRB Meetings, was essentially the nature of the crime committed by

him and the circumstances in which the crime was committed, and that the

Police had opposed his premature release over a period of time since 2016.

The reasons for rejecting the remission remained practically the same, only

change being in the number of years of incarceration and the number of

Paroles and Furloughs enjoyed by the Petitioner.

66. The record shows that a Social Welfare Board had given initially

positive reports in the year 2016 and it was only the Delhi Police, which had

been giving the negative report. In September 2016, the Minutes reflected

W.P. (CRL) No. 1336/2025 Page 23 of 36

that the Home Town Police had also given a positive report, but

interestingly, while there were practically no circumstances adverse to the

release of the remission, were being reflected in the social reports, there was

an institutional adamancy in denying the remission solely on the ground of

heinousness and gravity of the offence.

67. The Remission Policy, 2004 as well as Delhi Prison Rules, 2018

hasreferred to the gravity or heinousness of a crime as a necessary

precondition, only to provide the qualifying years of at least 14 years of

imprisonment inclusive of remission, but only after completion of 10 years

of actual imprisonment, respectively for the heinous and grave heinous

crimes.

68. If the gravity of the offence was the only criterion for considering the

remission, then it would have been so stated as a ground in the scheme of

remission. It would have then qualified that there can be no remission for

certain category of offences which are considered as “heinous and grave”.

However, as is evident from the Remission Policy of 2004 and DRP 2018,

the remission has been permitted in the most heinous crimes, but after a

period of 10 years of actual imprisonment. Therefore, it is evident from the

Remission Policy that gravity or heinousness of crime is to be weighed

against the reformation and the readiness of the Petitioner to integrate in the

society, while considering his case for remission. The repeated rejection on

the ground of heinousness or gravity, is completely misplaced and against

the principles formulated in the remission policy.

69. The DPR, 2018 in its Rule 1257 provided in detail, the procedure and

the documents/Reports which shall be followed/considered by the SRB. It

W.P. (CRL) No. 1336/2025 Page 24 of 36

provided that the Notice for the meeting of SRB shall be accompanied with

a complete Agenda Papers, i.e., Note of Superintendent of Jail,

recommendation of DCP/Superintendent of Police, Chief Probation Officer

and IGP along with the copies of the documents.

70. It streamlined that while considering the remission of an Accused, the

reports, i.e., Reports of Jail Superintendent, Department of Social Welfare,

Probation Officer, local Police as well as of the Home Town Police are

relevant for determining whether a convict is entitled to remission. In this

backdrop, the rejection of the remission by the Respondent, may be

considered.

71. The case of the Petitioner be thus, tested on these circumstances: the

report of the Probation Officer was positive and it recommended the

premature release of the Petitioner. Pertinently, Social Investigation Report

dated 25.06.2024, copy of which has been annexed on record, reflected the

conduct of the Petitioner to be satisfactory and was reported to have

neurological health problem. His socio-economic background reflects

that his parents are dead and he has got four brothers out of whom, one is

mentally disabled. Not only this, when he was released on Furlough or

Emergency Parole during COVID-19, he was gainfully employed as an e-

rickshaw driver.

72. The other significant aspect is his Jail conduct- The jail conduct as

well as overall conduct is reported to be satisfactory. From the Nominal

Roll as well, it is evident that the conduct of the Petitioner in the Jail was not

only satisfactory, but in fact, earned many commendations.

W.P. (CRL) No. 1336/2025 Page 25 of 36

73. An extremely significant factor to explain the conduct of the

petitioner is that he had been shifted to Semi-Open Jail, Tihar,vide Order

dated 04.09.2017 and also recommended to be shifted to Open jail.

74. The objective factors are quite well ensconced in the eligibility

conditions of a convict being in a Semi-Open Prison and even most stringent

requirements to qualify for an Open Prison. Rules 1321 and 1323 of DPR

2018 provides guidelines for shifting a person to Semi-Open Prison which

reads as under:

“1321. Criteria for selection

(i) The following convicted prisoners may be selected for

confinement in semi open prison who—

a) are sentenced for 3 years and have served minimum 1 year of

actual sentence as convict from the date of his conviction

excluding remission in closed prison or

……

e) are sentenced for a term more than 14 years or life sentence,

where as per the chapter of premature release the case is referred

after twenty years including remission, and the convict have

undergone 7 (Seven) years of the actual as convict from the date

of his conviction excluding remission in closed prison.

Provided that all the above categories of convict must have

served, including under trial period, at least 2/3 of his total

punishment awarded including remission.

----

(ii) Have maintained excellent conduct inside the prison during

the period of his sentence and has performed labour if allotted to

him with due devotion and diligence there should not be any

punishment for any offence against such convict at least for last

three years from the date of eligibility.

W.P. (CRL) No. 1336/2025 Page 26 of 36

(iii) Nothing adverse should have been noticed during his

temporary release from the prison on parole/furlough, if

eligible/availed and

(iv) Have no appeal/other pending cases against him in any court

either in Delhi or in India.

…

1323. Procedure for selection

(i) Superintendents of Prisons shall prepare a list of prisoners

eligible as per selection criteria and who are willing to be

confined in semi open Prison.

(ii) …

(iii)…

(iv) The case of each prisoner shall be screened, keeping in view

of the following factors, namely:—

(a) Health, physical and mental, to withstand confinement in

semi-open prison and certificate in this regard that he is fit

to work.

(b) Behavior and conduct in prison and sense of

responsibility displayed.

(c) Progress in work, vocational training, education and in

other like matters.

(d) Group adjustability.

(e) Character and self discipline.

(f) Extent of institutional impacts (whether has reached peak

point of training and treatment).

(g) Whether he is fit for being trusted for confinement in

semi-open prison.

(v)…..

(vi)….

(vii) …”

75. Rules 1325 and 1326 of DPR 2018 provides some circumstances

wherein an inmate can be shifted to Open Jail, which reads as under:-

W.P. (CRL) No. 1336/2025 Page 27 of 36

“1325. Criteria for selection

I. The following convicted prisoners may be selected for

confinement in Open prison who—

a) are found to be of good behavior and are physically and

mentally fit.

b) have maintained excellent conduct inside the semi-open prison

and have performed labour allotted to them with due devotion and

diligence and

i. the convict who have been sentenced for more than 3

years and upto 5 years and have completed six months in

Semi-open

Jail.

ii. the convict who have been sentenced for more than 5

years and have completed one year in Semi-open Jail.

Provided that the convict must have served, including under trial

period, at least 3/4 of his total punishment awarded including

remission.

(c) Having good character and maintaining self discipline.

(d) Have strong group adjustability and sense of responsibility.

1326. Procedure for selection

(i) Superintendent of Semi-open prison shall prepare a list of

prisoners falling under rule 1325 and who are willing to be

confined in Open Prison.

(ii) ….

(iii)….

(iv) The case of each prisoner shall be screened, keeping in view

of the following factors, namely:—

a. Health, physical and mental, to withstand confinement in

Open prison and certificate in this regard that he is fit to

work.

b. Behavior and conduct in Semi open prison and sense of

responsibility displayed.

c. Progress in work, vocational training, education and in

other like matters.

d. Group adjustability.

W.P. (CRL) No. 1336/2025 Page 28 of 36

e. Character and self discipline.

f. Whether he is fit for being trusted for confinement in Open

prison.

g. Any other factor which may be considered just and proper.

(v)……”

76. From the aforesaid Rules, the criteria for transfer to the Semi-Open

Jail includes the group adjustability, character, self discipline, behavior,

conduct and sense of responsibility displayed by the convict in the Jail

which should be considered to decide if he was fit to be trusted for

confinement in Semi-Open Jail.

77. Likewise, for being shifted to Open Jail, the criteria involves good

behavior, excellent conduct inside the Semi-Open Prison and performance

of all the labour allotted to him with due devotion and diligence, have good

character and maintains self discipline and have strong group adjustability

and sense of responsibility.

78. The Petitioner was admittedly shifted to Semi-Open Jail on

04.09.2017.Because of his excellent conduct in the Semi-Open Jail and

completion of work allotted to him with due diligence and devotion, he was

directed to be lodged in Open Prison, on 11.06.2019, though he could not be

shifted as he was unable to garner the requisite funds to arrange a Surety or

personal bond.

79. The Petitioner being in Semi-Open Jail since 04.09.2017, clearly

spells the completely reformed conduced of the Petitioner who has displayed

good character, devotion and diligence in discharge of his duties and has

maintained self discipline. There could not have been better evidence of he

being fully reformed in his character and disposition.

W.P. (CRL) No. 1336/2025 Page 29 of 36

80. While in the Semi-Open Jail, he was working as Cleaner/ Sweeper/

Help and earned some recommendatory certificates for his work and also

participated in the activities like Yoga Camp, etc. for which he was issued

the certificates.

81. The Nominal Roll shows that he had availed Furlough 19 times and

Parole for 04 occasions, and at no point of time had he violated the terms or

not surrendered in time.

82. This overwhelming record is a testament to the petitioner having

reformed himself and is ready to be integrated in the society, as had been

observed by the Apex Court in the case of Joseph (supra).

83. The aforesaid discussion reflects that the SRB had been considering

only the report of the local Police and the gravity of the crime to consistently

reject the remission. There is nothing to show that the Social

Investigation Report, State Welfare Report, Officer’s Report, Home

Town Report or Jail Superintendent’s Report was adverse, in any

manner.

Whether Propensity to commit offence is Lost:

84. The Nominal Roll of the Petitioner reflects that as on 21.07.2025, he

had suffered 22 years, 05 months and 10 days of actual incarceration and has

earned a remission for 06 years, 03 months and 18 days. The Petitioner,

therefore, had suffered incarceration of about 28 years including the

remission.

85. The Petitioner had availed 19 Furloughs and 04 Paroles, which

further reflect that he had maintained an unblemished record during the

entire period of temporary freedom. Having spent 22 years of actual

W.P. (CRL) No. 1336/2025 Page 30 of 36

incarceration and 28 years of incarceration including remission with no

adverse comment, coupled with the Petitioner being shifted to Semi-Open

and Open Jail, clearly reflects that there is nil propensity to commit the

offence and he is a totally reformed person, who is fit to go back to the

society.

86. The Supreme Court in the case of Satish @ Sabbe (supra) and in the

case of Joseph v. State of Kerala (supra), the Supreme Court taking in the

similar facts as hereunder, noted that the Petitioner was a hard-working,

disciplined and a reformed inmate and thus, directed the release of the

Petitioner with immediate effect.

87. The Supreme Court in Joseph (supra) highlighted, “typecasting

convicts through guidelines which are too flexible, based on their crime

committed in distant past, results in a danger of overlooking the reformative

potential of each individual. They may have killed someone as young

individuals and remained incarcerated for 20 or more years regardless of

the morality of the continued punishment, one may question its rationality.

The question is what is achieved by continue to punish a person who

recognizes the wrongness for what they had done, who no longer identifies

with it and who bears little resemblance to the person they were years

earlier. It is tempting to say that they are no longer the same person, yet the

insistence of guidelines, obdurately to not look beyond the red lines drawn

by it and continue in denial to consider the real impact of prison good

behavior, and other relevant factors to ensure that such individual has been

rid of the likelihood of causing harm to society, results in violation of Article

14 of the Constitution. Excluding the relief of premature release to prisoners

W.P. (CRL) No. 1336/2025 Page 31 of 36

who observe extremely long periods of incarceration not only crushes their

spirit and instills despair but signifies society‟s resolve to be harsh and

unforgiving. The idea of rewarding a prisoner for good conduct is entirely

negated.”

88. These factors have been duly met in the present case and the conduct

of the Petitioner had continued to be good, which was the most crucial

factor, which ought to have weighed in his assessment for a premature

release.

89. From the bare perusal of the impugned Minutes of SRB, it is evident

that none of these aspects have been considered or ex facieascertained. The

impugned Order bears only the gravity and perversity of the crime; the

strong opposition by the Police and the public sentiment, are the only factors

which weighed with SRB while rejecting the remission.

Whether the Order of SRB are reasoned:

90. Before concluding, it is pertinent to also emphasize that a reasoned

order or a speaking order is considered as a third pillar of natural justice.

The first one being no one should be a judge of their own cause and second

being the right to be heard.

91. In the present case, the Orders of the SRB are almost copy-paste and

evidently, these Orders have been passed more as a formality, rather than

following the principles of natural justice. They cannot qualify as reasoned

orders, demonstrating transparency and fairness in a decision-making

process.It is not the brevity of an Order, but it being devoid of reason, which

is fatal. The complete opacity in reflected in the Orders, which are cryptic

and the principles relevant for considering the remission of an inmate, are

W.P. (CRL) No. 1336/2025 Page 32 of 36

visible in the SRB Order.Unfortunately, there is no clarity or logic or reason,

in the consistent rejection of the case of the Petitioner in the SRB Meetings.

92. It is also pertinent to observe that in all the SRB Meetings, more than

100 cases have been considered and decided. It is difficult to comprehend

how such number of cases can be considered in one Meeting, in a

meaningful manner. The way the SRB Meetings are being held, reflect a

total disregard not only to the factors relevant for consideration of the

remission, but also an indifference to the inmate who for the Authority, is

nothing but one name in the multitude of cases considered in a Meeting by

SRB. The man, the life and his existence as a human being, remains totally

invisible, in this undemocratic functioning of Govt machinery.

Whether the remission be granted by this Court:

93. In the end, this court is confronted with the contention of the

Respondent that to grant or refuse the Remission, is an Executive function,

and the Courts must not trespass into the Executive domain.

94. The Petitioner has undergone 22 years 05 months 10 days of actual

incarceration and over 28 years 08 months 28 days including remission. His

continued detention despite fulfilling all the criteria and reflecting his

complete reformation and loss of propensity to commit crime and fulfilling

all the criteria laid down in the Remission Policy, 2004 as well as the Delhi

Prison Rules, 2018 and denying him consistently the benefit of remission,

directly impacts his Right to Life and Personal Libertyunder Article

21.Where the State action threatens the fundamental guarantee of liberty, the

Courts are well empowered in exercise of their power of judicial review to

intervene.

W.P. (CRL) No. 1336/2025 Page 33 of 36

95. The observations in the case of Whirlpool Corporation vs. Registrar

of Trade Marks 1998 (8) SCC 1, is pivotal to overcome the States‟ common

objection regarding the maintainability of a Writ Petition, when an alternate

remedy exists. The Supreme Court clarified that mere existence of alternate

remedy, does not act as an absolute bar to the jurisdiction of the High Court

under Article 226 Constitution of India. The four principles meriting judicial

intervention by way of Review, were stated, whichare :

(i) Where the Writ Petition has been filed for enforcement

of fundamental right;

(ii) Where there is violation of principles of natural

justice;

(iii) Where the Order of proceedings are wholly

without justification; and

(iv) the violation of the Act is challenged.

96. From the aforesaid discussion, it emerges that despite qualifying all

the parameters laid down in the Executive Remission Policy, 2004 as well

as DRP, 2018 there is an obstinacy on the part of the State to not exercise

their jurisdiction judiciously on the stated principles, in the light of the

defined parameters.

97. From the above discussion, it has emerged that the Petitioner has been

in the Semi-Open Jail since 2017 and was also recommended to Open Jail in

2019 and there can be no better proof of his being certified by the Executive

Authorities themselves, as a person who is fit to intermingle in the Society.

98. It has also emerged that while he was on emergency Temporary Bail

during the Covid period or has been otherwise out of Jail, he had been

gainfully employed and had not show any tendency of commission of

W.P. (CRL) No. 1336/2025 Page 34 of 36

offence again. The fundamental principle of there being a gross violation of

the fundamental right of the Petitioner, is firmly established.

99. It has also been noted that fundamental principles of natural justice,

is to give a reasoned Order. As already discussed, none of the Orders have

any reason except a cyclostyled format of denying the Remission barely on

the ground of the gravity of the offence. These Orders do not reflect that

there was any consideration of the requisite parameters and therefore, are

violative of principles of natural justice. It can be safely held that all these

proceedings have been conducted, beyond their defined jurisdiction. The

circumstances, therefore, justify intervention of the Court in exercise of its

jurisdiction of Judicial Review.

100. This principle has found its validation in the Judgment of the Supreme

Court in Bilkis Yakub Rasool vs. Union of India (2023) 10 SCC 494,

wherein while relying on Swami Shradhanand vs. State of Karnataka

(20008) 133 SCC 767, it was observed that the decisions must not be taken

mechanically or in abstraction, but through objective assessment of all facts

including the likely impact on the family of victim and the social fabric and

the precedent which it sets for the future. It was held that the exercise or

non-exercise of power of pardon or remission is subject to judicial review

and a pardon obtained by fraud or granted by mistake or granted for

improper reasons would invite Judicial Review and the vindication of the

rule of law being the knowing objective of Judicial Review, the mechanism

for giving effect to that justification varies. Thus, Rule of Law should be

over-arching constitutional justification for Judicial Review.

W.P. (CRL) No. 1336/2025 Page 35 of 36

101. In two of the decisions of the Coordinate Bench of this Court i.e. in

Sushil Sharma and Vijay Kumar Shukla, in the similar situations Remission

in the Writ Petitions so filed on behalf of the Convicts, was allowed.

102. This aspect may also be considered from another perspective, i.e.

there are only two outcomes in a given situation; either the person is to be

released or it has to be denied. It has been considered in detail that all the

criteria of the Remission Policy have been completely met by the Petitioner.

103. Having concluded that there is no reason whatsoever for the

Executive to deny him the benefit of Remission Policy, remitting the

Petitioner back to the same Executive Body, that has repeatedly failed to

apply the governing Policy would be an exercise in futility. Once it is

concluded that the Petitioner is entitled to remission, nothing more needs to

be done for which the matter may be remanded to the Respondent. This

would be nothing but an exercise in superfluity, which definitely this Court

is not inclined to do.

Conclusion:

104. Therefore, it is concluded that the Minutes of the SRB dated

30.08.2024 and the subsequent approval of the SRB Minutes of the Meeting

dated 19.09.2024 are arbitrary, irrational and contrary to the Remission

Policy, 2004 and DRP Rules, 2018. Therefore, the Petitioner having served

nearly 28 years of incarceration including remission and meeting all the

requisite parameters to establish his loss of propensity to commit crime and

to integrate in the Society. Balancing the individual and societal welfare,

it is a fit case where the petitioner is held entitled to Remission and is

directed to be released forthwith.

W.P. (CRL) No. 1336/2025 Page 36 of 36

105. The copy of the Order be sent to the jail Superintendent, to release the

Petitioner forthwith, if not required in any other proceedings.

106. The Petition is hereby, allowed. Pending Applications are disposed

of, accordingly.

(NEENA BANSAL KRISHNA)

JUDGE

APRIL 06, 2026/RS/N/VA