The Delhi High Court has noted that when a convict files a special leave petition (SLP) before the Supreme Court to challenge their conviction, this action is considered a "special circumstance" under Rule 1211 of the Delhi Prison Rules, 2018, which may lead to the granting of parole.

"This Court believes that the restriction outlined in Rule 1211 of the Delhi Prison Rules is not unconditional. The argument presented in this case, which is the filing of an SLP, is considered a 'unique situation' within the context of the mentioned rule," stated Justice Amit Sharma.

Rule 1211 of the Delhi Prison Rules lists various categories of offences for which parole may not typically be granted unless there are exceptional circumstances as determined by the competent authority.

The court issued this order when addressing the request of a person serving a life sentence who sought a three-month parole to file a Special Leave Petition (SLP) before the Supreme Court and to rebuild social connections. The individual had been convicted of the serious crimes of murder and kidnapping for ransom.

The court acknowledged that the petitioner had been convicted under Sections 364A/302/201/34 of the IPC, which encompass charges of murder and kidnapping for ransom. Consequently, his case falls under sub-clause (X) of Rule 1211. However, the court emphasized that the prohibition mentioned in this rule is subject to the presence of 'exceptional circumstances.

Justice Sharma granted parole to the convict for a duration of six weeks. This decision was based on the observation that the convict's prison record showed satisfactory conduct, and he had not been implicated in any other criminal cases during his incarceration.

The court also noted that the nominal roll indicated that the petitioner had already served a sentence of 11 years, 5 months, and 25 days in prison. Additionally, it highlighted that the petitioner had surrendered to the prison authorities as required when his interim bail had expired, and there were no reported complaints about his behavior during his temporary release.