New Delhi, Feb 25 : The Delhi government has approached the High Court to seek direction on who would bear the cost of the police contingent provided to prisoners on parole for several weeks.
The move came after a magisterial court had directed two accused, who were granted parole for two weeks, to bear the cost of travel, food and other expenses of the guards, after the jail authorities filed an application, seeking direction.
Two undertrial prisoners, Rahul Gaur and his wife Navneet Kaur – the son and daughter-in-law of a real estate company chairman, were directed by the magisterial court to pay Rs 10,64,055 towards the salary of the escort staff deputed.
However, the order was overturned by the sessions court after the couple had challenged the decision. The government later approached the High Court for relief.
In the High Court, the bench of Justice Rajnish Bhatnagar, taking note of the plea by the authorities, has issued a notice seeking the trial court record, examining its legality and setting aside the October 2021 order of the sessions court.
Amit Sahni representing the government submitted that the present petition involves a significant issue as to whether a convict /accused who availed custody parole for several weeks, has to bear the expenses of remuneration of escorting guards during the period of the said custody parole or such remuneration of the escorting guards has to be borne by the state exchequer.
“The matter requires larger consideration as prayers for custody parole on behalf of undertrial prisoners are considered by district courts beyond the normal prescribed period of six hours, as per Delhi Prison Rules, 2018. The state exchequer is unnecessarily burdened with paying the salary of escort party/ staff deployed with prisoners on parole for several weeks or months,” said Sahni.
