NEW DELHI: The Delhi High Court has dismissed a plea seeking an extension of parole by a realtor who has been avoiding a sentence of 182 years for duping buyers, observing the grant of parole is a “privilege” and not a “right” to be extended in routine.
Against the builder, there were 344 complaints filed by home buyers who deposited over Rs 90 lakh for the purchase of plots.
In his plea, the petitioner realtor said, he has already served seven years in custody, having been sentenced to 182 years in jail by a consumer forum in an execution case instituted by an association representing the plot buyers.
Justice Anoop Kumar Mendiratta noted that the petitioner has been avoiding the execution of legal sentences for years together without even preferring the applications before the competent authority for extension of the grant of parole.
The high court said, it may be observed that proceedings and orders passed by the District Consumer Forum are not a subject matter of challenge before this Court and the present petition only relates to the extension of parole, which is governed by Delhi Prison Rules, 2018.
The order asserted that the sentence imposed cannot be escaped and parole endlessly continued merely on the ground that efforts are being made by the petitioner to arrange the funds for settling the cases with plot buyers.
“This would be contrary to the scheme for grant of furlough and parole provided under Delhi Prison Rules, 2018. The grant of parole is a privilege and not a right to be extended in routine for the periods over and above as specified in the Rules only in exceptional circumstances,” it added.
The high court’s order came while dismissing the petition by Rakesh Kumar of Tirupati Associates who sought extension of parole for six months.
“Grant of parole is a privilege and not a right to be extended in routine for the periods over and above as specified in the Rules only in exceptional circumstances,” the order highlighted.
Kumar submitted he was released on parole by a September 13, 2019 order of the high court which was extended from time to time in view of his assurance to settle the claims. The last such order was passed on January 10 this year.