Delhi HC to examine whether convict has to bear expenses of Guards deployed in Custody

New Delhi [India], February 19 (ANI): The Delhi High Court on Friday issued a notice in a petition filed by the State while agreeing to examine the issue as to whether the convict who is granted “Custody Parole” (beyond 6 hours), has to bear the expenses of “Guards” deployed in Custody.

The state filed a petition challenging the order of Additional District and Sessions Judge, Patiala House Courts through Additional Public Prosecutor Amit Sahni, who had reversed the order of Metropolitan Magistrate of Patiala House Court observing that the accused availing custody parole must bear all expenses.

Amit Sahni while arguing the petition on behalf of the state submitted that the issue raised in the petition requires larger consideration as prayers for “Custody Parole” on behalf of Under Trial Prisoners (UTPs) are considered by District Courts beyond the prescribed period of “6 hours” as per Delhi Prison Rules, 2018.

Amit Sahni further submitted that there have been instances where “Custody Parole is granted for several weeks/months and the State exchequer is unnecessarily burdened to bear the salary of Escort Party/Staff deployed for such period.”

Additional Public Prosecutor also submitted that the direction in larger perspective to be issued to the District Courts for not granting Custody Prole beyond 6 hours or to grant such prayer with prior depositing costs towards the salary of Escort Party Staff. Justice Rajnish Bhatnagar issued notice to the son and daughter-in-law of the Gaursons’ Chairman and agreed to examine the issue from a broader perspective.

Rahul Gaur, the son of real estate group Gaursons’ chairman BL Gaur and his wife Navneet Gaur had approached the Court of Metropolitan Magistrate seeking custody parole for an extension of visa for their daughter, to conduct a business meeting with prospective investors and to settle the business litigation.

The Custody Parole was allowed for one week and then the same was extended for another week. The Metropolitan Magistrate while granting custody parole had observed the couple to make the payment i.e. salary of “Escort Party/Staff” deputed during the period of Custody Parole as demanded by the 3rd Battalion, DAP, New Delhi within a period of 15 days. The Magistrate had further ordered that in the event of failure to make payment, the Jail authorities are directed to take necessary steps as per rules while disposing of the application filed by jail authorities.

Additional Sessions Judge while setting aside the order passed by the Metropolitan Magistrate had observed that the remedy available with the State was civil in nature.

Amit Sahni submitted that Custody Parole is granted for exceptional situations viz. birth, death, marriage or terminal illness in the family of a prisoner as per Delhi Prison Rules, 2018 and since the couple who availed custody parole are businessmen and had been granted an indulgence for two weeks must bear the expenses.

Justice Bhatnagar issued notices to the husband-wife while agreeing to examine the issue from a larger perspective. The next date of hearing is April 19, 2023.