Delhi HC highlights importance of parental involvement in child's education, grants 1 month parole to convict so that he can accompany his son for his Board examinations
Justice Swarana Kanta Sharma [20-02-2024]

Read Order: VIJAY DAHIYA v. STATE OF NCT OF DELHI [DEL HC- W.P.(CRL) 340/2024]

Tulip Kanth

New Delhi, February 22, 2024: Taking note of the fact that the petitioner-convict demonstrated a commitment to his parental responsibilities, the Delhi High Court has granted him parole for a month so that he could take his son to the Board examination centre.

The Single-Judge Bench of Justice Swarana Kanta Sharma was considering an  application filed under Section 482 of the Code of Criminal Procedure, 1973 on behalf of petitioner seeking directions against the respondent. By way of the writ petition filed under Article 226 of the Constitution of India the petitioner had sought issuance of writ in the nature of mandamus directing respondent to release the petitioner on parole for a period of one month.

The petitioner has been confined in Tihar Jail, New Delhi. By virtue of a judgment, the petitioner was convicted under Sections 302/120B/34 of Indian Penal Code, 1860 and was sentenced to undergo imprisonment for life by the Trial Court. His appeal against conviction was also dismissed.

It was the petitioner’s case that despite there being two orders directing the respondents to treat this petition as a representation and decide it on merits, the respondent had yet not decided the parole application of the petitioner. It was argued that petitioner is required to take his child to the examination center, since his child has to appear for his board examinations starting from 21.02.2024 to 13.03.2024. It was submitted that considering the urgency of the matter, the present petition be decided and parole be granted to the petitioner for a period of one month, as prayed for.

The State Counsel submitted that the application filed by the petitioner was pending before the competent authority. It was stated that his application for parole was being treated with priority, however, considering the urgency in this case, this Court may pass an appropriate order disposing of this petition.

Vide an order dated 31.01.2024, the High Court had directed the competent authority to decide the application for grant of parole to the petitioner within a period of one week. Thereafter, again vide another order, direction was issued to the respondent to decide the application filed by the petitioner within a period of 3 days. However, till date, the petitioner's application for parole, preferred before the respondent/competent authority had not been decided.

The Bench took note of the fact that petitioner's son has to appear for his CBSE Board Examinations and the petitioner’s wife has another minor child to look after and she would not be in a position to travel each time for dropping their son for the examination purpose.

“This Court, after careful consideration of the facts and circumstances, is of the opinion that presence of the petitioner to accompany his son for his Board examinations is both reasonable and in the best interest of the child's welfare. Considering the importance of parental involvement in a child's education, it is important to facilitate such opportunities, particularly in circumstances where the father demonstrates a commitment to his parental responsibilities, and where the other parent i.e. the petitioner's wife may not be in a position to accompany the son to examination centre”, the Bench held.

The Bench further opined that while dealing with the issues such as present one, this Court must balance the competing interests of State as well as the inherent responsibility of parents towards their children as well as their academic pursuits.

Considering such circumstances and also the fact that the petitioner has been granted interim bail and furlough previously and that he had never misused the liberty granted to him, the Court granted parole to the petitioner for a period of one month from the date of his release on few conditions.