Azimkhan v. The State of GNCT of Delhi

Delhi High Court · 04 Sep 2019 · 2019:DHC:7554-DB
Hima Kohli; Asha Menon
LPA 504/2019
2019:DHC:7554-DB
criminal appeal_dismissed

AI Summary

The Delhi High Court held that the Delhi Prison Rules, 2018 apply only prospectively and granted the appellant a second furlough, disposing of the appeal accordingly.

Full Text
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$-7 HIGH COURT OF DELHI
LPA 504/2019 & C.M. No. 35038-39/2019
AZIMKHAN Appellant , Through:Mr. Sarthak Maggon, Advocate,
VERSUS
THE STATE OF GNCT OF DELHI Respondent
Through:Mr. RahulMehra, SC (Crl.) with Mr. Chaitanya Gosain andMr. Amarpreet Singh, Advocates.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE ASHA MENON
04.09.2019
ORDER

1. Pursuant to the order dated 05.8.2019, an affidavit has been filed by the Superintendent, Central Jail No.14, Mandoli, New Delhi stating inter alia that the Competent Authority has reconsidered the case of the appellant and a second spell of furlough for aperiod of two weeks has been granted to him vide order dated 02.9.2019. A copy of the said order has been enclosed with the affidavit.

2. Mr. Rahul Mehra, learned Standing Counsel (Crl.), GNCTD states that the Competent Authority has recently decided in the case of a convict by the name of Ranjeet Singh s/o Hakim Singh that Delhi Prison Rules, 2018 would be applicable only to such convicts, who are punished for breaking the Prison Rules on or after these Rules have come into force i.e., from 01.01.2019 and that the saidRules willnot be appliedretrospectively. LPA 504/2019 Page1of[2] 2019:DHC:7554-DB

3. In view ofthe affidavit refeiTed to hereinabove, no further orders are required to be passed in the present appeal which is disposed ofalong with the pending applications. HIMA KOHLI,J ASHA MENON,J SEPTEMBER 04,2019 ap