Courts should be sensitive, we are dealing with humans not files: Delhi HC

Courts need to maintain sensitivity and compassion that is balanced with law as they are dealing with humans and not mere files and orders, the Delhi High Court has said.

The court's observation came while dealing with a petition by a murder convict serving a life term, who sought a two-month parole to settle the division of his family property, arrange funds for his family and also "curb inner stress" following the death of his mother.

The petitioner's request for parole was turned down by the Delhi government on several grounds, including that his conduct in jail was unsatisfactory.

Justice Swarana Kanta Sharma, however, directed the release of the petitioner for a period of 45 days on parole, saying, "Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any court as one is dealing with humans and not mere files and orders."

The judge considered that the petitioner, who has spent 14 years in jail and was earlier granted parole on seven occasions, "has lost his mother while he was in judicial custody and now after death of his mother, such exigencies have arisen which he needs to attend to".

 

"While considering grant of parole, the court also has to remain conscious of the fact that the petitioner has been awarded life imprisonment and circumstances have arisen in the last 14 years, which he needs to attend to," said the judge in a recent order.

The court asked the petitioner to furnish a personal bond of Rs 25,000 while dispensing with the requirement of furnishing a surety as he did not have any relatives in Delhi.

In its order, the court said that in the last two years, the petitioner was not involved in any offence involving violence and that his last two punishments in jail were still a matter of inquiry.

It further noted that the petitioner was granted parole earlier on seven occasions and had not misused the liberty.

While ordering the release of the petitioner, the court asked him to surrender his passport, keep his mobile number switched on at all times and not indulge in any unlawful act or omission.