'Can't refuse glimmer of hope': Delhi HC grants parole to Afghan national to file SLP against life term

The Delhi High Court has said that the entitlement of an individual to access a lawful solution in the ultimate court of the country, often seen as a final glimmer of hope, cannot be refused on the ground of severity of the offence. 

Justice Rajnish Bhatnagar allowed a plea for parole to an Afghanistan national sentenced to life term for killing his fiancee in Delhi in 2012. 

"Every individual possesses the right to effectively pursue their legal recourse in the ultimate court of justice within the nation, accomplished by submitting a Special Leave Petition (SLP) through a chosen legal representative. This is an invaluable entitlement that should not be denied solely based on the severity of the offense or the availability of free legal assistance, even if the SLP can be filed from jail itself," the bench said. 

The court also noted the petitioner Omid Hussain Khil alias Umed Milad has also been in jail for around 12 years and six months since his arrest.

The High Court also lent credence to the Supreme Court's judgement in 'Asfaq v State of Rajasthan' (2017) which held that gravity of offence cannot be a ground to deny parole. 

"The entitlement of an individual to access a lawful solution in the ultimate court of the country, often seen as a final glimmer of hope, cannot be refused for such reasons. It goes without saying that the act of utilising the legal recourse available in the highest court of the land is a privilege bestowed upon the petitioner, and this court has no intention of revoking that right," the bench said.

The court rejected a contention of the state counsel that he has been convicted of a grave offence and the that the jail superintendent has already dismissed the parole application on the ground that the petitioner is a foreign national and the address given by him for his stay was unverifiable.