Three Seek Release from Tihar Jail Through Delhi High Court Petition.
12 March 2024
Constitutional & Government >> Constitution & Law Procedure | Parole and Furlough >> Criminal Law
A recent case before the Delhi High Court, Gulshan Sandeep Monu vs. State (NCT of Delhi), involved a petition filed by three individuals - Gulshan, Sandeep, and Monu (hereinafter collectively referred to as "the Petitioners").
Nature of Petition:
The Petitioners filed a Writ Petition under Article 226 of the Indian Constitution, read in conjunction with Section 482 of the Code of Criminal Procedure, 1973. This mechanism empowers the High Court to issue writs, including Certiorari, to quash any order deemed arbitrary, unreasonable, or in excess of jurisdiction.
Relief Sought:
1. Certiorari to Quash Order: The Petitioners potentially challenged an order passed by the State (NCT of Delhi), possibly related to their detention or sentence.
2. Certiorari to Quash Punishment Ticket: They might have contested a punishment ticket issued by the jail superintendent, seeking its nullification.
3. Mandamus for Furlough: The Petitioners may have requested a writ of mandamus, compelling the State to grant them furlough, a temporary release from prison.
Presumption of Conviction:
While the specific charges against the Petitioners are unknown, their confinement in Tihar Jail suggests a prior conviction.
Code of Criminal Procedure, 1973