W.P.(CRL)/3378/2026 of RAJU CHHAKA Vs STATE OF NCT OF DELHI on 29 October 2026

1. The present petition has been filed under Article 226 of the Constitution of India, 1950 (“Constitution”), read with Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”), seeking issuance of a writ in the nature of certiorari quashing the order dated 09th March, 2026, passed by the Government of NCT of Delhi (“GNCTD”), Home (General) Department, pursuant to the Minutes of Meeting (“MoM”) dated 14th January, 2026, of the Sentence Review Board (“SRB”).

2. A further prayer is made for issuance of a writ in the nature of mandamus directing the respondent to order the premature release of the petitioner, who was sentenced to rigorous imprisonment for life vide order on sentence dated 10th June, 2016, passed by the Additional Sessions Judge, Special Fast Track Court-2, Central District, Tis Hazari Courts, Delhi, in the case arising out of the First Information Report (“FIR”) being FIR No. 17/2014, registered at Police Station (“PS”) Paharganj, Delhi, under Sections 376D/366/342/395/397/412/506/34 of the Indian Penal Code, 1860 (“IPC”), and Section 25 of the Arms Act, 1959 (“Arms Act”).

3. Learned counsel appearing for the petitioner relies upon the judgment dated 10th August, 2026, passed by this Court in W.P.(CRL.) 2875/2025, titled as Ramesh Versus State (NCT of Delhi) & Anr., and another connected petition, with specific reference to paragraph 53 of the said judgment.

4. He further draws the attention of this Court to the MoM dated 14th January, 2026, wherein, the only basis upon which the SRB has rejected the application of the petitioner for premature release, is the heinous nature of the crime committed by him.

5. Issue notice. Notice is accepted by learned Additional Standing Counsel (“ASC”) appearing for the State.

6. Learned ASC appearing for the State submits that in case an application of a convict for premature release is rejected, the same can be reconsidered by the SRB in terms of any directions that may be passed by this Court.

7. Having heard learned counsels appearing for the parties, this Court notes the contents of the MoM dated 14th January, 2026, whereby the application for premature release of the petitioner was rejected by the SRB in the following manner: “xxx xxx xxx

xxx xxx xxx”

8. Perusal of the aforesaid MoM clearly shows that at the time of considering the application of the petitioner, the sole consideration of the SRB was the serious, heinous, and grave nature of the offence for which he was convicted.

9. However, this Court notes that the guidelines, as contained in the Delhi Prison Rules, 2018 (“DP Rules”), and the various principles for the grant of premature release, as laid down in a catena of judgments, have not been taken into account by the SRB at the time of considering the application of the petitioner for premature release.

10. In particular, this Court notes the judgment dated 10th August, 2026, passed by this Court in W.P.(CRL.) 2875/2025 and another connected petition, wherein, it has been stated as follows: “xxx xxx xxx

xxx xxx xxx”

11. Thus, it is manifest that the various principles for the purpose of considering an application for premature release have not been considered by the SRB at the time of rejecting the application of the petitioner.

12. Accordingly, considering the facts and circumstances of the present case, the present matter is remanded back to be considered by the SRB at its next meeting, whenever the same is held, in the near future.

13. The SRB shall consider the various principles, as given in the aforesaid judgment reproduced hereinabove, at the time of adjudicating the application of the petitioner.

14. The concerned Jail Superintendent is directed to forward the case of the petitioner to the SRB, so that the same is considered at the next meeting of the SRB.

15. With the aforesaid directions, the present petition is accordingly allowed and disposed of.

16. The pending application also stands disposed of.

17. A copy of this order be sent to the concerned Jail Superintendent for information and necessary compliance.

MINI PUSHKARNA, J OCTOBER 29, 2026/SK