REHMAT ALI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, "Cr.P.C.") for release of the petitioner on parole for a period of four (4) months in the case FIR No. 355/1999, under Sections 20/61/85 NDPS Act, P.S. Ashok Vihar, Delhi. The petitioner was sentenced to ten (10) years of Rigorous Imprisonment (hereinafter referred to as, "R.I."). Learned counsel for the State submits that in addition to sentence the petitioner was also directed to pay a fine of Rs. 1.0 lakh, which has not been deposited by him. It is further submitted that as per the order of conviction, in case of default of the payment of fine, petitioner has to serve Simple Imprisonment for a further period of two (2) years.

(2.) IT is the case of the petitioner that he seeks parole on the ground that he needs to repair his damaged house which has become unsafe for habitation. And which is more problematic in view of the fact that his wife is staying in the matrimonial home, alone. Learned counsel for the petitioner (provided by the Delhi Legal Services Authority) submits that the petitioner had approached and filed an application dated 17.07.2008, to the respondent (Government of NCT of Delhi) for grant of parole for a period of four months which however has not been replied till date by the respondent though more than five (5) months have lapsed. Learned counsel for the petitioner submits that the fact that the respondent did not reply to the petitioner's application is patently unconstitutional and against the tenets of Article 21 of the Constitution of India.

(3.) LEARNED counsel for the petitioner prays before this Court for issuance of a writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of four months on the ground of an urgent need to repair his damaged house and re-establish family ties.