The Delhi High Court has held that free legal aid inside jail cannot be a reason to refuse parole to a convict who wants to hire a lawyer of his choice and approach the Supreme Court. Justice Mini Pushkarna granted 30 days’ parole to Mahender Rathore on October 14, 2026.
Background
Rathore was convicted by a Special Fast Track Court in Rohini in a 2012 case registered at Shalimar Bagh police station under Sections 376 and 506 of the Indian Penal Code. He was sentenced to seven years’ and three years’ rigorous imprisonment, to run together. The High Court dismissed his appeal on August 5, 2026. Lodged in Tihar Jail No. 8, he sought parole to arrange funds and a counsel for filing a Special Leave Petition (SLP) in the Supreme Court. On October 13, the Delhi Home Department rejected his request, saying he belongs to a poor section of society and could use free legal aid in prison.
The court relied on Rule 1208(viii) of the Delhi Prison Rules, 2018, and earlier Delhi High Court rulings. It said:
“This Court notes that, as per Rule 1208 (viii) of the Delhi Prison Rules, 2018, a prisoner is entitled to parole for the purpose of filing of an SLP before the Supreme Court against a judgment delivered by the High Court convicting or upholding the conviction, as the case may be. Merely because legal aid counsel is available, the same is no ground to deny the valuable right to the petitioner with regard to engaging some counsel for the purpose of filing SLP challenging the judgment of this Court upholding his conviction and sentence.”
The order also reproduced an earlier ruling in Ved Yadav v. State (NCT of Delhi):
“It has been time and again held by Courts that right of a convict to file an SLP against dismissal of his criminal appeal by a High Court is an essential one, and the same cannot be denied on the ground that free legal aid is available in the jail and SLP can be filed from the jail itself.”
The petition was allowed, with parole for 30 days from the date of release. Rathore must furnish a personal bond of Rs. 10,000 with one surety and give the jail superintendent his residential address and mobile number. He must report to the local SHO every Sunday at 10 AM, and surrender on the date given in writing at release.
He must also hand over a copy of the SLP to the jail superintendent, file one on the court’s record, and not engage in any criminal activity during parole.
Case Details
- Case Title: Mahender Rathore v. State (NCT of Delhi)
- Case Number: W.P. (CRL) 2979/2026
- Judge: Justice Mini Pushkarna
- Decision Date: October 14, 2026
