The Delhi High Court on Friday has directed the “competent authority”, under the prison rules, to treat eight-week parole plea of Vishal Yadav, who is serving life sentence in Nitish Katara murder case 2002, as representation and dispose it within 15 days.
The Delhi High Court decision came on a Parole plea for 8 weeks filed by life convict Vishal Yadav, in the case of Nitish Kataria Murder Case on the ground of outbreak of COVID-19 pandemic and he was at high risk of contracting since suffering from various ailments and has history of tuberculosis illness.
“In the considered view of the court, the subject matter requires to be considered by the competent authority in the first instance,” said the court of Justice A.K. Chawla.
Advocate Narita Yadav appearing for Vishal suggested that the instant writ petition may be treated as an application/representation of the petitioner to be disposed of by the Competent Authority on its own merits in a time-bound manner.
Advocate Rajesh Mahajan, Additional Standing Counsel stated that “the instant petition shall be so considered and will be disposed of on its own merits within three weeks from today.”
Subsequently, the Court directed the Competent authority, which is under the jail manual Lt Governor, to treat the instant writ petition as a representation and dispose it within fifteen days from May 1. The decision taken shall be communicated to the petitioner forthwith, the Court said.
The Government has told the Court that there is no risk of Covid-19 infection to the convict in the prison and Vishal Yadav’s medical condition is stable and he is not suffering from TB.
The Petitioner was relying on the Supreme Court order passed in “In re: Contagion of COVID-19 in prisons” for the temporary release of convicts to prevent the spread of disease and Delhi High Court Judgement passed in “Own motion vs. State” wherein the high court has done away sureties and release the under trial prisoners on bail upon furnishing a personal bond. The petitioner has been a Tuberculosis (TB) patient and thus has a high risk of contacting the coronavirus disease. Given the pathetic condition of sanitization and overcrowding in jail the risk of contacting COVID-19 is higher on bail upon furnishing a personal bond.
-India Legal Bureau