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Javed Ali vs. State (NCT of Delhi)

Writ Petition (Criminal) · 2026:DHC:8815Decided 6 Oct 2026New Delhi Bench
W.P.(CRL) 3147/2026CNR: DLHC010481462026
Justice Girish Kathpalia

Background

A convicted prisoner sought emergency parole for four weeks to get medical treatment. The State opposed, noting his earlier request for regular parole had already been rejected, and that he had not even filed an application for emergency parole with the jail/prison authorities before approaching the Court.

Decision Breakdown

The Court directed that the petition itself be treated as his formal representation seeking emergency parole, to be decided by the competent authority within four weeks, while separately directing jail authorities to ensure he receives proper medical care in the meantime.

Lesson Learnt

A prisoner generally needs to first apply to the jail/prison authorities for emergency parole before going to the High Court: courts will usually send such requests back for the proper authority to decide, rather than granting parole directly themselves.

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