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High Court of DelhiW.P.(CRL)/2782/2025

Mehraj Ud Din Chopan v. State Of NCT Of Delhi & ORS.

2025-09-19Hon'Ble Mr. Justice Arun Monga5 pages

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2782/2025 & CRL.M.A.

27471/2025 -EARLY HEARING MEHRAJ UD DIN CHOPAN .....Petitioner Through:

Mr. Archit Krishna, Mr. Himanshu Kunjan and Mr Indranil Choudhary, Advs.

Versus

STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou, Adv.

Mr. Gautam Narayan, SPP with Ms Asmita Singh, Ms. Disha Joshi, Mr. Shashank Jain and Mr. Ashish Khari, Advs. for NIA.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 19.09.2025 1.

Petitioner is seeking direction to the respondents to grant parole to the petitioner for a period of four weeks on account of death of his only brother. 2.

The petitioner was arrested in 2019 and charged under UAPA, Explosive Substances Act, and IPC. Initially, he was sentenced to life imprisonment in 2022, which was later on reduced to 10 years of rigorous imprisonment in 2024. He has already served about 5 years, with no bail, parole, or furlough granted.

3.

It is stated that the petitioner's younger brother was critically ill and died in August 2025 (date not clear). Petitioner applied for parole to be with family and perform religious rites, but no response was received. He is now seeking parole for 4 weeks to support family and conduct mourning ceremonies.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Relevant extract of the stand taken by the State as per a report dated 18.09.2025 is reproduced as below:

"4. That an application for grant of parole to the Convict Mehraj-Ud-Din Chopan was received in this office on 30.08.2025 through GNCT of Delhi vide letter no. 2521 dated 29.08.2025. Accordingly, verification of facts from the Superintendent of Police, Awantipora, Jammu & Kashmir was sought vide letter no. F.8/9/SCl-8&9/AC[CT]/2025/626 dated 30.08.2025.

5. Further, Social Investigation report was sought from Chief probation officer, Sewa Kuteer, Kingsway Camp, New Delhi and District Probation Officer, District Pulwama, Jammu & Kashmir vide letter no. 1677-1678 dated 06.09.2025 & 1679.dated 06.09.2025 respectively.

6. That, the report from the Sr. Superintendent of Police, Awantipora was received in this office vide letter No.3197-99 dated 03.09.2025 whereby verifying the fact of death of the brother of the Convict on 24.08.2025. And Social Investigation report from the office of Probation Officer, PWS Unit, Tihar PHQ, New Delhi was received in this office vide letter no. 358 dated 11.09.2025. [Copy of report from the office of Sr. Superintendent of Police, Awantipora and Social Investigation report are enclosed herewith for kind perusal] However, the report from District Probation officer. District Pulwama, Jammu & Kashmir is' still awaited."

7. That, the application of the Convict Mehraj-Ud-Din will be forwarded to the competent authority i.e. GNCT of Delhi through PHQ as soon as the report from the District Probation officer. District Pulwama, Jammu & Kashmir will be received in this office,' as the case of the convict falls under Rule No.-1211[i] of Delhi Prison Rules 2018 i.e. Prisoners convicted under sedition, terrorist activities and NDPS Act. [Copy of Rule No.-1211[i] enclosed herewith for kind perusal)"

5.

Be that as it may, the Nominal Roll of the applicant indicates that the overall conduct of the applicant has been unsatisfactory. For ease of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

reference (see at serial no. 18), the same has been reproduced as below: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

In view of the aforesaid, I am of the view that any concession to the petitioner if granted would be fraught and danger to the society as his conduct has not been satisfactory even in jail. 7.

Moreover, during the course of arguments, a query was put to learned counsel for the petitioner if the petitioner is willing to bear the expenses of his travel in the police custody alongwith the police personnel, he submits that the petitioner does not have the financial capacity to go to Kashmir. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

That is also one of the contributory factor which dissuades me to allow this petition.

8.

Aside all above, the death of brother took place sometime in August, 2025 and the very purpose of parole i.e. attending funeral ceremonies and mourning etc. also seems to be over with sheer passage of time. 9.

Thus, no ground is made out for grant of parole. The petition is dismissed.

10.

Next date fixed in the matter as 09.10.2025 stands cancelled. ARUN MONGA, J SEPTEMBER 19, 2025/acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.