Delhi High Court
W.P.(CRL)/3068/2026 of TOBIR AHMED Vs STATE OF (NCT) OF DELHI on 30 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010471932026 + W.P.(CRL) 3068/2026, CRL.M.A. 30766/2026 TOBIR AHMED .....Petitioner Through: Mr. Nishant Anand (DHCLSC) and Ms. Gunjan Bansal, Advocates. versus STATE OF (NCT) OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC for State
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010471932026
+
W.P.(CRL) 3068/2026, CRL.M.A. 30766/2026
TOBIR AHMED
.....Petitioner
Through:
Mr. Nishant Anand (DHCLSC) and
Ms. Gunjan Bansal, Advocates.
versus
STATE OF (NCT) OF DELHI
.....Respondent
Through:
Ms. Rupali Bandhopadhya, ASC for
State with Mr. Abhijeet Kumar and
Ms. Amisha Gupta, Advocates.
Insp. Murtaja Khan, PS-Nabi Karim.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
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O R D E R
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30.09.2026
1. The present writ petition seeks quashing of the punishment ticket dated 26th July, 2024 issued by the Jail Superintendent, Central Jail No. 2, Tihar, Delhi to the Petitioner, who is undergoing life imprisonment in FIR No. 161/2008 registered at P.S. Nabi Karim under Sections 364-A/34 of the Indian Penal Code, 1860.
2. The impugned punishment ticket arises from the Petitioner’s failure to surrender upon expiry of the emergency parole granted to him. The Petitioner was released on emergency parole on 17th May, 2021, which was extended from time to time till 7th April, 2023. As the Petitioner did not 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 05/10/2026 at 11:35:09
surrender on the said date, he was subsequently re-arrested on 20th July, 2024 and re-admitted to prison. The Petitioner’s explanation, as recorded in the impugned punishment ticket, is that he was not aware of the expiry of the emergency parole and the date on which he was required to surrender.
3. This Court has, in certain cases, has taken a lenient view on the issue of delay in surrender following emergency parole granted during the COVID-19 pandemic, having regard to the circumstances prevailing at the relevant time. In the present case, however, the fact remains that the Petitioner did not surrender upon expiry of the extended period of emergency parole and had to be re-arrested on 20th July, 2024. Further, the only punishment imposed upon the Petitioner is a warning to remain careful in future. In these circumstances, the Court does not find any ground warranting interference with the impugned punishment ticket in exercise of its writ jurisdiction.
4. Accordingly, the petition is dismissed, along with the pending application. It is, however, clarified that the present order shall not preclude the Petitioner from seeking furlough in accordance with law.
SANJEEV NARULA, J SEPTEMBER 30, 2026 nk 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 05/10/2026 at 11:35:09