Tobir Ahmed Vs State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

Tobir Ahmed Vs State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No furlough granted outright; petitioner permitted to reapply and the State of NCT of Delhi directed to pass a fresh, expedited order on the furlough application taking into account the uncertainty-based delay in surrender and Standing Order 1/2019 of the DG Prisons; all rights and contentions of the parties left open; liberty to file a fresh petition if the grievance persists.

Issue for consideration

Whether delay in surrendering (following emergency-parole extensions amid Covid-19-related uncertainty as to the surrender date) should be the sole reason to deny the petitioner the benefit of furlough.

Court's answer

Under almost similar circumstances, courts have considered uncertainty as to the surrender date (owing to Covid-19 etc.) to be sufficient cause explaining delay in surrender; hence the concerned authorities must look into this aspect while passing a fresh order on the petitioner's furlough application.

Ratio / Principle

The petitioner is permitted to reapply for furlough, and the respondent is directed to reconsider the application and pass a fresh order with due expedition, keeping in mind the Standing Order dated 1/2019 issued by the Director General of Prisons, GNCTD.

Key takeaways

If the petitioner's grievance still persists after the fresh consideration, the petitioner shall be at liberty to file a fresh petition.obiter¶8

Detailed headnote1 paragraphs

Furlough – Delhi Prison Rules, 2018, Rule 1224(iii) – application rejected solely because the petitioner, released on emergency parole (17.05.2021 to 15.08.2021, extended till 06.04.2023), was re-arrested on 20.07.2024, i.e., surrendered late – Court accepts, in line with three prior decisions of the Delhi High Court (W.P.(C) 1481/2205, W.P.(C) 293/2024, W.P.(C) 2015/2025), that uncertainty as to the surrender date owing to Covid-19 etc. is sufficient cause explaining the delay – petitioner permitted to reapply; State of NCT of Delhi to pass a fresh order with due expedition, keeping in mind Standing Order dated 1/2019 of the Director General of Prisons, GNCTD – petition disposed of; all rights and contentions left open; liberty to file a fresh petition if the grievance persists.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 3640/2025

TOBIR AHMED .....Petitioner

Through: Mr. Anuj Kapoor, Adv.

versus

STATE OF NCT OF DELHI .....Respondent

Through: None.

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R % 15.07.2026

The petitioner’s application for furlough was rejected while relying on Rule 1224(iii) of the Delhi Prison Rules, 2018.

Mr. Anuj Kapoor, learned counsel appearing for the petitioner, however, submits that in view of the three decisions of this Court in W.P.(C) 1481/2205, W.P.(C) 293/2024 and W.P.(C) 2015/2025 and on account of uncertainty with respect to the surrender date owing to Covid 19 etc., the petitioner could not timely surrender. It is his submissions that the delay in surrender should not be the sole reason to deny the benefit of furlough.

The Court finds that vide impugned order, the petitioner’s request for furlough has been rejected merely on the ground that the petitioner was released on emergency parole w.e.f. 17.05.2021 to 15.08.2021 which was extended till 06.04.2023 whereas, the petitioner was re-arrested on 20.07.2024.

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 11:54:47

The Court thus finds that if under almost similar circumstances, the Courts have considered the aspect of uncertainty being sufficient cause to explain delay in surrender, the same should be looked into by the concerned authorities while passing a fresh order on the petitioner’s application for furlough.

Let the petitioner reapply. Let the respondent to reconsider the same and to pass a fresh order with due expedition, keeping in mind the Standing Order dated 1/2019 issued by the Director General of Prisons, GNCTD.

Petition stands disposed of.

All rights and contentions of the parties are left open.

If the grievance of the petitioner still persists, the petitioner shall be at liberty to file a fresh petition.

PURUSHAINDRA KUMAR KAURAV, J

JULY 15, 2026/P/SS

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 11:54:47