DEEPAK SRIVASTAV vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 04.11.2025 % Judgment delivered on: 07.11.2025 + W.P.(CRL) 2639/2025 & CRL.M.As. 24952-54/2025 DEEPAK SRIVASTAV .....Petitioner Through: Mr.Ritesh Kumar Chowdhary, Adv. with Mr.Faheem, Adv. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr.Rahul Tyagi, ASC (Crl.) with Mr.Sangeet Sibou, Mr.Aniket Kumar Singh and Mr.Priyansh Raj Singh Senger, Adv. for R-1 to R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 1. Proceedings of this petition have been instituted under Article 226 of the Constitution of India seeking a prayer to declare Clause F(3) of the Standing Order No. 1/2019 dated 26.03.2019 issued by the Director General (Prisons) as ultra vires the Constitution of India being violative of Article 14 and 21, as well as Delhi Prison Act and Rules made thereunder. 2. Alternatively, it has also been prayed that the aforesaid provision of the Standing Order may be struck down/ modified to the extent the same W.P.(CRL) 2639/2025 Page 1 of 23 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:07.11.2025 11:58:12 imposes 01 year ‘watching period’ after return of the convicts to jail whose appeals have been dismissed and hold that a period of 06 months would be reasonable and sufficient. 3. The petitioner has also prayed for quashing of the order dated 23.07.2025 passed by the Director General of Prisons, New Delhi whereby it has been held that the petitioner is not eligible for grant of furlough in view of the impugned Standing Order No. 01/ 2019 with a further observation that he may file a fresh application for grant of furlough after 13.11.2025 i.e., after he completes one year from the date he was re-admitted t