A foreign national convicted under Sections 302/392/174-A/34 IPC and the Foreigners Act sought parole to maintain social ties. The Home Department rejected it under Rule 1211(iv) of the Delhi Prison Rules for want of MHA/MEA approval. Relying on Asfaq v. State of Rajasthan, the court declined mandamus and dismissed the petition.
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BAYEM VICTOR .....Petitioner
Through: Dr. M. P. Singh Adv. (DHCLSC) with Ms. Poorna, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Anand V Khatri, ASC for State with SI Manjeet Singh Sub Inspector PS Tilak Nagar
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 13.07.2026
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 17/07/2026 at 11:55:07
Prison Rules, 2018,the convict foreigners cannot be granted the benefit of parole without prior approval of the Ministry of Home Affairs and Ministry of External Affairs having valid permission to stay in India, that too only in exceptional circumstances.
1(2017) 15 SCC 55.
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 17/07/2026 at 11:55:07
PURUSHAINDRA KUMAR KAURAV, J
JULY 13, 2026 Nc
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 17/07/2026 at 11:55:07
2 issues framed by the court
Whether a foreign convict can be granted parole despite Rule 1211(iv) of the Delhi Prison Rules requiring MHA/MEA approval and valid permission to stay in India.
Whether a writ of mandamus should issue directing release on parole.
Colour shows how this judgement treated each authority
Asfaq v. State of RajasthanRelied on¶5
(2017) 15 SCC 55 · Who else cites this
6 provisions across 5 enactments
Bayem Victor
State of NCT of Delhi
Purushaindra Kumar Kaurav
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
