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Muskesh Kumar vs. State of NCT of Delhi & Anr.

Writ Petition (Criminal) · 2026:DHC:8098Decided 21 Sept 2026New Delhi Bench
W.P.(CRL) 1891/2026CNR: DLHC010275002026
Justice Girish Kathpalia

Background

A convict sought a court direction that his COVID-era parole period (6th March 2020 to 8th March 2021) be counted as time spent in custody towards his sentence, relying on an earlier decision of the same Court in a similar case which had directed that petition be treated as a representation, and where the representation was subsequently allowed by the competent authority.

Decision Breakdown

Since the earlier precedent had established that this is essentially a policy matter for the competent authority to decide (not something the Court should decide directly), the Court disposed of the present petition on the same lines, directing the respondent to treat it as a representation and decide it within twelve weeks.

Lesson Learnt

When a legal question has already been recognised as a policy matter for a designated authority, courts will typically direct similarly-placed petitioners to that same administrative channel rather than deciding the substantive issue themselves each time.

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