In a significant ruling, the Delhi High Court has set aside an order rejecting the furlough plea of Manish, a convict incarcerated for over 14 years in connection with FIR No. 189/2010. The case, presided over by Justice Girish Kathpalia, underscores the judiciary’s commitment to prisoner reformation through tools like furlough.
Background of the Case
Manish, represented by advocate Ms. Urvashi Jain, challenged the rejection order (No. F.10(003626966)/CJ/LEGAL/PHQ/2024/8346 dated 21.11.2024) issued by the authorities. The petitioner had been convicted under multiple sections of the IPC, including 302 (murder), 307 (attempt to murder), and 324 (voluntarily causing hurt). The rejection cited delays in surrender during three prior furloughs as the primary reason.
Justice Kathpalia noted that while the petitioner had indeed surrendered late on three occasions, the delays were either during the COVID-19 pandemic or due to logistical issues. The first delay spanned 14 days, attributed to pandemic-related disruptions. The subsequent two delays were minimal—just one day each—explained by the petitioner’s counsel as arising from late-evening arrivals at the jail, prompting officials to direct surrender the next day.
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"The philosophy of reformation must prevail," the court emphasized, highlighting that furlough is a critical tool for reintegrating convicts into society.
Decision and Directions
The court found the rejection order unsustainable and directed Manish’s immediate release on a two-week furlough. Key conditions included:
- Furnishing a personal bond of ₹10,000 with one surety of the same amount.
- A written acknowledgment from the jail superintendent specifying the exact surrender date.
The ruling also mandated that a copy of the order be sent to the concerned jail superintendent for compliance.
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Key Takeaways:
- Reformation Over Punishment: The court prioritized the rehabilitative purpose of furlough.
- Contextual Flexibility: Delays were weighed against exceptional circumstances like COVID-19.
- Judicial Clarity: Clear directives were issued to avoid future ambiguities in surrender protocols.
This ruling serves as a reminder of the evolving approach in criminal justice, where empathy and practicality guide decisions alongside strict legal frameworks.
Case Title: Manish @ Lulu vs. State Govt. of NCT of Delhi
Case No.: W.P.(CRL) 202/2025