Delhi HC Grants Inmate Third 2-Week Furlough Spell To Arrange Treatment For Ailing Minor Son

In brief

The question

Whether the petitioner should be granted a third spell of furlough for two weeks, following expiry of his second spell, on account of his minor son’s medical condition.

The court held

The Court allowed the petition and directed that the petitioner be granted a third spell of furlough for two weeks upon expiry of his second spell, on the same terms and conditions as the previous furlough order.

It also directed

It directed him to surrender to the concerned jail authorities on 13 November 2026 and ordered that a copy of the judgment be sent to those authorities for compliance and information.

01Facts

The petitioner, serving a life sentence in Central Jail No. 2, Tihar, had been granted a second spell of furlough, due to expire on 30 October 2026.

pp. 1–2 · ¶ 1, 4–5

He sought a third spell of furlough for two weeks, stating that his minor son was suffering from a medical condition accompanied by persistent abdominal pain, nausea and fever, and that no adult family member was available to arrange treatment.

p. 3 · ¶ 6–7

The Court considered the petition against the background of the objectives of furlough and the rules governing furlough and its relaxation.

pp. 3–5 · ¶ 8–11

02Issues

i.Whether the petitioner should be granted a third spell of furlough for two weeks, following expiry of his second spell, on account of his minor son’s medical condition.

p. 3, 5 · ¶ 6–7, 12

ii.Whether the applicable rules and prior decisions permitted the Court to grant furlough notwithstanding the restrictions concerning successive spells or their extension.

pp. 4–5 · ¶ 10–11

03Law Applied

The Court relied on the humanistic and rehabilitative purposes of parole and furlough recognised in Asfaq v. State of Rajasthan, (2017) 15 SCC 55: these measures enable prisoners to address personal and family matters, maintain social ties and prepare for re-entry into society.

p. 3 · ¶ 8

Rules 1197 and 1200 of the Delhi Prison Rules, 2018 identify furlough’s correctional and welfare objectives, including maintaining family relationships, self-confidence and psychological health.

pp. 3–4 · ¶ 9

The Court also referred to Point 13 of Standing Order No. 01/2019, which permits relaxation of the one-month interval between furloughs in emergent circumstances, including medical conditions affecting family members.

pp. 4–5 · ¶ 10

It further relied on prior decisions of this Court recognising, in appropriate circumstances, the grant or extension of furlough.

p. 5 · ¶ 10–11

Provisions in the judgment · 4 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 302 Section 34

Arms Act, 1959 Section 25 Section 27

04Reasoning

The Court treated the son’s illness and the asserted absence of another adult family member to arrange treatment as an emergent family circumstance relevant to the welfare purposes of furlough.

p. 3 · ¶ 6–8

Having noted that the Standing Order permits relaxation of the interval between furloughs in such circumstances, and that prior decisions recognised the Court’s power to grant relief in appropriate cases, it concluded that the circumstances justified a further two-week spell.

pp. 4–5 · ¶ 10–12

05Holding

p. 5 · ¶ 12

It directed him to surrender to the concerned jail authorities on 13 November 2026 and ordered that a copy of the judgment be sent to those authorities for compliance and information.

p. 6 · ¶ 13–15

LawLens.Delhi High Court

Original Court PDF