Dismissed

Eziefula Samuel Uchegbu v. State of (N.C.T.) Delhi

Delhi HC15 Oct 2024W.P.(CRL)/2008/2024

Case brief

AI extract

What is this about?

The High Court of Delhi dismissed a writ petition challenging Rule 1224(iv) of the Delhi Prison Rules, 2018, regarding furlough for convicted foreigners. The petition was not adjudicated because the petitioner failed to surrender after being granted parole and is currently absconding.

What did the court decide?

Petition dismissed; issues left open; authorities free to proceed against absconding petitioner.

Eziefula Samuel Uchegbu Vs State of… — Constitutional and Fundamental Rights | Delhi HC (2024)

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$~26

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ W.P.(CRL) 2008/2024

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EZIEFULA SAMUEL UCHEGBU .....Petitioner Through: Ms. Jahanvi Vohra, Advocate (M9810183379).

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Versus

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STATE OF (N.C.T.) DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (criminal) for the State with Ms. Priyam Agarwal and Mr. Abhinav Kr. Arya, Advocates.

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Mr. Anurag Ahluwalia CGSC with Mr. Kaushal Jeet Kait GP and Ms. Hridyanshi Sharma, Advocate for UOI.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

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O R D E R

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% 15.10.2024

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This hearing has been done through hybrid mode.

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The present writ petition has been filed on behalf of the PetitionerEziefula Samuel Uchegbu under Article 226 of the Constitution of India read with Section 482 of the CrPC seeking issuance of a writ declaring Rule 1224(iv) of the Delhi Prison Rules, 2018 as ultra vires . Further, the Petitioner is also seeking a grant of furlough for a period of 3 weeks.

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The Petitioner is stated to be a Nigerian citizen, who has been convicted and sentenced for life imprisonment vide judgment of conviction dated 30th

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:24:15

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March, 2022 in FIR No. 291/2011 registered at Police Station Tilak Nagar. The Petitioner has been convicted for the offences punishable under Sections 302/392/397/411/120B/34 of the Indian Penal Code, 1860 and Section 14 of the Foreigners Act, 1946.

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The Petitioner sought furlough from the competent authority on various grounds which was not entertained in view of Rule 1224(iv) of the Delhi Prison Rules, 2018 which according to the Petitioner acts as an absolute bar for convicted foreigners to be released. The challenge was raised to the constitutional validity of the said provision.

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In the meantime, the Petitioner was granted parole with effect from 12^th June, 2024 vide order passed in W.P. (Crl.) 3408/2024 dated 1^st March, 2024 the same was extended for a further period of 6 weeks vide order dated 9^th August, 2024 in W.P. (Crl.) 2331/2024 . The Petitioner was to surrender on 21^st September, 2024.

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Today, the Court has been informed that the Petitioner has not surrendered and is currently absconding. The same has been confirmed by the ld. Standing Counsel for the State as well. The nominal roll which has been handed across the Court also reflects this position.

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In view of the fact that the Petitioner is currently absconding and has failed to surrender, this Court is not inclined to go into the challenge to the said prison rules.

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The authorities are free to proceed in accordance with law against the Petitioner. However, the issues raised in this petition are left open.

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The present petition is dismissed and disposed of accordingly.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:24:15

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Pending application(s), if any, also stand disposed of.

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PRATHIBA M. SINGH, J

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AMIT SHARMA, J

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OCTOBER 15, 2024/ sn/rks/pr

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Eziefula Samuel Uchegbu v. State of (N.C.T.) Delhi

Case brief

What is this about?

What did the court decide?

Eziefula Samuel Uchegbu v. State of (N.C.T.) Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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