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Desire to console ailing parents cannot constitute a ground for emergent parole: Observes Delhi High Court in UAPA case

Delhi High Court UAPA case, Delhi Prison Rules 2018: Justice Ravinder Dudeja made this observation while dismissing a plea filed by a UAPA accused who had challenged the Trial Court’s order rejecting his plea for custody parole to visit and console his ailing parents and brother.

2 min readNew DelhiUpdated: Nov 13, 2025 10:56 AM IST

The court observed that the right to family life under Article 21 should be respected but such right is subject to lawful restrictions.

Delhi High Court UAPA case: The court observed that the right to family life under Article 21 should be respected but such right is subject to lawful restrictions. (This image is generated using AI)

Delhi High Court UAPA case: The Delhi High Court has recently observed that an undertrial’s desire to console his ailing parents cannot constitute a ground for emergent parole under Rule 1203 of the Delhi Prison Rules, 2018.

Justice Ravinder Dudeja made this observation while dismissing a plea filed by a UAPA accused who had challenged the Trial Court’s order rejecting his plea for custody parole to visit and console his ailing parents and brother.

“The petitioner’s desire to console his parents, though understandable, cannot by itself constitute a ground for emergent parole under Rule 1203 of the Delhi Prison Rules, 2018”, the court said.

The accused is an undertrial prisoner facing prosecution under Sections 120B/121A/122/153A IPC and Sections 13/17/18/18A/18B/22C/38/39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA).

It was submitted that his mother, aged 65 years, suffers from Type 2 Diabetes, Hypertension, and has been diagnosed with Papillary Carcinoma of the Thyroid.

It was further submitted that his father, aged 70 years, is a diabetic and hypertension patient with a prior history of stroke and his younger brother is also under continuous medical treatment.

The counsel for the accused submitted that the accused’s right to visit and take care of his family is protected under Article 21 of the Constitution.

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The court noted that none of the medical documents placed on record relating to his parents’ and brother’s health indicated any emergent medical procedure or life-threatening situation.

The court also observed that the right to family life under Article 21 should be respected but such right is subject to lawful restrictions.

“The right to family life under Article 21 must indeed be respected even for undertrial prisoners, but such right is subject to lawful restrictions imposed in the interest of security, discipline, and the administration of justice”, the court said.

The court observed that the accused failed to make out any emergent or exceptional ground for grant of custody parol. The court, therefore, dismissed his petition.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More