Delhi High Court on Furlough Eligibility: Clause F(3) of Standing Order No. 01/2019 Upheld.

The Delhi High Court upheld Clause F(3) of Standing Order No. 01/2019 issued by the Director General of Prisons, which mandates a one-year “watching period” for convicts re-admitted to jail after dismissal of appeal before they can apply for furlough, even if they have earned three Annual Good Conduct Reports. The Court held that the clause is a reasonable administrative regulation, does not violate Articles 14 or 21 of the Constitution, and falls within the powers of the Director General of Prisons to ensure jail discipline and uniform processing of furlough applications. Furlough being a conditional release, not a right, the classification between convicts who appeal and those who do not is valid.

1. The petitioner, convicted under Sections 304B, 498A, 406, and 34 IPC in 2003, challenged Clause F(3) of Standing Order No. 01/2019 after the Supreme Court upheld his conviction in 2024 but reduced his sentence under Section 304B to 10 years.
2. He surrendered and was re-admitted to jail on 13.11.2024.
3. Clause F(3) required a one-year monitoring period post re-admission even if a convict has earned three Annual Good Conduct Reports (AGCRs).
4. The petitioner argued that the clause violated Articles 14 and 21, imposed an excessive restriction, and was issued without authority under the Delhi Prisons Act, 2000, and Delhi Prisons Rules, 2018.

1. Standing Order No. 01/2019 supplements Rule 1223(1) of the Delhi Prisons Rules, 2018 and ensures uniformity in furlough processing.
2. One-year watch period for convicts re-admitted after appeal dismissal is reasonable to assess adjustment to jail discipline.
3. Classification between convicts who appeal and those who do not is valid; continuous custody convicts do not require this monitoring.
4. Furlough is a conditional administrative privilege, not a fundamental right; thus, no violation of Articles 14 or 21 arises.
5. Administrative powers of the Director General of Prisons include issuing instructions for prison management and maintaining discipline.

1. Delhi Prisons Act, 2000 – Administrative and supervisory powers of Director General of Prisons.
2. Delhi Prisons Rules, 2018, Rule 1223(1) – Maintenance of good conduct and eligibility criteria for furlough.
3. Article 14 & 21, Constitution of India – Equality before law and protection of personal liberty.

1. Writ petition dismissed.
2. Clause F(3) of Standing Order No. 01/2019 and the order dated 23.07.2025 denying furlough are upheld.
3. Petitioner may apply for furlough after 13.11.2025; authority to decide according to law.
4. No order as to costs.

Citation: 2025:DEL:DH:WHC:2639

Case: Deepak Srivastav v. State of NCT of Delhi & Ors.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Devendra Kumar Upadhyaya, C.J. & Hon’ble Mr. Justice Tushar Rao Gedela

Date of Decision: 07 November 2025

Writ Petition (Crl.) No.: 2639 of 2025