NDLI: Atbir Vs. State of Nct of Delhi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Delhi Prison Act 2000 – s.2(h) – Delhi Prison Rules 2018 – rr.1220-1225
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Delhi Prison Act, 2000 – s.2(h) – Delhi Prison Rules, 2018 – rr.1220-1225 – By order dtd.15.11.12 issued by the Hon’ble President of India on a mercy petition, the sentence of death awarded to the appellant was modified to imprisonment for life with the requirements that he would remain in prison for the whole of remainder of his natural life without parole and any remission in the term of imprisonment–Impugned order passed by the Director General of Prisons declined furlough to the appellant referring to the saidconditions of the order dtd. 15.11.12 – Challenged before High Court, writ petition dismissed –On appeal, held: In the 2018 Rules, the eligibility requirement to obtain furlough is of ‘3 Annual good conduct reports’ and not ‘3 Annual good conduct remissions’ – The expressions employed in Clause (I) of Rule 1223 cannot be read to mean that the prisoner ought to earn ‘good conduct remissions’ – Earning rewards is not equivalent to earning remissions – When furlough is an incentive towards good jail conduct, even if the person is otherwise not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not mean that his right to seek furlough is foreclosed – Even if he would spend some time on furlough, that will not come to his aid so as to seek remission because of the fact that he has to remain in prison for whole of the reminder of his natural life – Further, in the present case, the Presidential order bars parole as also remission but there is no mention of the treatment of entitlement towards furlough – Whole scheme of granting furlough is based on the approach of reformation and as incentive for maintaining good conduct – Thus, even if the appellant is to remain in prison for the whole of remainder of his life, the expectations from him of good conduct in jail would always remain and the lawful consequences of good conduct, including that of furlough, cannot be denied, particularly when the same has not been prohibited in the order dtd. 15.11.12 – Appellant cannot be denied furlough with reference to the order dtd. 15.11.12 – Impugned order passed by the High Court and the order of the Director General of Prisons are set aside – Case of the appellant for grant of furlough is restored for reconsideration of the Director General of Prisons. Criminal law – Grant of furlough – Held:In furlough, the prisoner is deemed to be serving the sentence inasmuch as the period of furlough is not reduced from actual serving period – The conduct is predominantly decisive of entitlement towards furlough. Criminal Law – Delhi Prison Rules, 2018 – Parole and furlough – Distinction between – Discussed.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2022 INSC 492
Petitioner	Atbir
Respondent	State Of Nct Of Delhi
SCR	[2022] 8 S.C.R. 1166
Judgement Date	2022-04-29
Case Number	714

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