Delhi High Court on Emergency Parole for Last Rites of Father.

The Delhi High Court granted emergency parole to a life convict to enable him to perform the last rites (Tehrvi) of his deceased father. The Court held that performing last rites of a parent is a fundamental religious, moral and social obligation and denial of parole under such humanitarian circumstances would violate the convict’s right to dignity under Article 21 of the Constitution of India.

• The petitioner sought emergency parole in connection with FIR No. 507/2008, Police Station Anand Vihar, registered under Sections 302/307/324/34 of the Indian Penal Code, 1860.

• He had been convicted under Sections 302/34 IPC by judgment dated 30.03.2012 and sentenced to life imprisonment by order dated 03.04.2012.

• The petitioner had undergone more than 13 years of incarceration and had not availed any parole or furlough during this period.

• The petitioner’s father expired on 27.11.2025, and the Tehrvi ceremony was scheduled for 09.12.2025.

• The status report confirmed the death and the scheduled rituals.

• Rule 1212 of the Delhi Prison Rules, 2018 permits grant of parole up to eight weeks in a conviction year in two spells, with a maximum of four weeks in one spell.

• Rule 1208 permits parole for maintaining family and social ties.

• The Court relied on Asfaq v. State of Rajasthan (2017) 15 SCC 55, which recognizes death of a family member as a valid ground for parole.

• The right to perform last rites of a parent was recognized as part of the right to dignity under Article 21.

• The humanitarian nature of the request justified grant of emergency parole.

The writ petition was allowed, and the petitioner was granted emergency parole for one week.

• Furnishing of personal bond of ₹10,000/- with one surety of like amount.

• Submission and verification of residential address to the Jail Superintendent.

• Furnishing of operative mobile number to the Jail Superintendent and SHO concerned.

• No indulgence in criminal activity during parole.

• Surrender before Jail Superintendent immediately upon expiry of parole.

• Co-accused, if any, not to be released during this period.

• Parole period to commence from the date of actual release.

• Sections 302/307/324/34, Indian Penal Code, 1860

• Rules 1208 and 1212, Delhi Prison Rules, 2018

• Article 21, Constitution of India

• Asfaq v. State of Rajasthan (2017) 15 SCC 55

Case: Sandeep Kumar @ Manoj v. State (NCT of Delhi)

Court: High Court of Delhi at New Delhi

Coram: Justice Amit Mahajan

Date of Decision: 08 December 2025

Writ Petition (Crl.) No.: 4048 of 2025