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Informative

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

Update / Judgement Date

07 Dec 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Delhi High Court on Emergency Parole for Performing Last Rites of Father.
WCP News Bulletin
Headnote:

The Delhi High Court granted emergency parole for one week to a life convict to enable him to perform the last rites (Tehrvi) of his deceased father, holding that denial of parole in such circumstances would infringe the prisoner’s right to dignity under Article 21 of the Constitution of India.


Background:

• The petitioner sought emergency parole in FIR No. 507/2008 registered at PS Anand Vihar under Sections 302/307/324/34 IPC for performing the Tehrvi of his deceased father and maintaining family ties.

• The petitioner was convicted under Section 302/34 IPC and sentenced to life imprisonment by judgment dated 30.03.2012 and order on sentence dated 03.04.2012.

• The petitioner had undergone more than 13 years of custody and his jail conduct was reported as “satisfactory”.

• The father of the petitioner expired on 27.11.2025 and the Tehrvi ceremony was scheduled for 09.12.2025, which was verified by the status report.


Court’s Observations:

• Rule 1208 and Rule 1212 of the Delhi Prison Rules, 2018 permit grant of parole for maintaining family and social ties and on humanitarian grounds.

• The Supreme Court in Asfaq v. State of Rajasthan (2017) 15 SCC 55 recognised performing last rites of a parent as a valid ground for parole.

• The Court relied upon its earlier decision in Ajmer Singh @ Pinka v. State of NCT of Delhi (W.P.(Crl.) 3146/2025), holding that performing last rites of a parent is an essential moral and religious duty protected under Article 21.


Legal Provisions Discussed:

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

• Rules 1208 & 1212, Delhi Prison Rules, 2018

• Article 21, Constitution of India


Final Order:

• The petitioner was granted emergency parole for one week.

• Release was made subject to conditions including furnishing of personal bond and surety, address verification, provision of mobile number, and timely surrender after expiry of parole.

• The petition was allowed in the above terms.

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