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The Delhi High Court Friday issued notice to the Delhi government on a petition challenging the constitutional validity of a parole guideline which denies the benefit of liberty to those whose appeals against conviction are pending decision.

A division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said: ‘Issue notice to Government of National Capital Territory, Delhi.’

The petition was filed by convict Rajesh Kumar who is in jail since April 4, 2006 after being convicted in a dowry death case.Kumar’s advocate Vivek Sood, alleged that the Parole Guidelines, 2010 were ‘discriminatory’ and propagated ‘inequality’ in releasing the convicts on parole.

‘The guidelines provide for the relief of parole to the convicts whose appeals against conviction have been dismissed by the high court. The parole is granted to persons whose acquittal in criminal cases have been set aside by the high court,’ said the petition.

‘However, the benefit of release on parole is not available to persons whose appeals against conviction are still pending in the high court,’ said the petition.

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