Delhi HC rejects parole plea of POTA convict citing security concerns

New Delhi [India], September 25 (ANI): The Delhi High Court has dismissed a petition by Mohd. Ayoub Mir, where he sought parole. The court rejected the plea while citing security risks.
Mir is a convicted Lashkar-e-Taiba terrorist serving a life sentence under the Prevention of Terrorism Act (POTA),
Justice Sanjeev Narula, while noting Mir's prolonged incarceration of over two decades and his cancer diagnosis, held that the balance of considerations tilted against granting parole.
The Court stated that parole is a discretionary concession, not a matter of right, and that national security concerns must weigh heavily in such decisions.
Although refusing parole, the Court directed that Mir must continue to receive the best available treatment at Government Medical College, Jammu.
It also ordered that if specialised treatment unavailable in Jammu was recommended by a medical board, the authorities must facilitate his transfer to an appropriate tertiary facility without delay.
Opposing the plea, Standing Counsel Rushab Aggarwal for the Union Territory of Jammu & Kashmir, and Additional Standing Counsel Sanjeev Bhandari for NCT of Delhi, submitted that Mir's case did not merit indulgence either on medical or humanitarian grounds.
They argued that he is already receiving adequate treatment at Government Medical College, Jammu, and had even declined a court-suggested transfer to a cancer hospital in Delhi. Stressing the seriousness of his offences, they submitted that his release posed genuine risks of him resuming anti-national activities, especially if allowed to return to Srinagar.
The respondents also relied on intelligence inputs and past incidents to argue that Mir had misused liberty earlier, making any fresh grant of parole unsafe.
Mir was convicted in 2002 under FIR No. 34/2002 registered by the Special Cell, and his conviction was upheld in 2006. He was granted parole between May 2015 and February 2018, which was later revoked after police reports alleged he was instigating youth in Srinagar to join militant ranks. He was also implicated in a 2018 prison incident in Srinagar, where he allegedly incited inmates to raise anti-national slogans, leading to his transfer to Kot Bhalwal Jail, Jammu.
In his present petition under Article 226 of the Constitution, Mir sought eight weeks' parole citing multiple grounds: medical treatment for his cancer, care for his disabled daughter, attending to the consequences of his house demolition, maintaining family ties, and humanitarian considerations arising from over 22 years of incarceration.
Appearing for Mir, advocate Sarthak Maggon argued that the April 15, 2025, order of the Delhi government rejecting parole was unsustainable, unreasoned, and ignored humanitarian factors. He stressed that parole should not be denied solely on the gravity of the offence and highlighted his prolonged custody, deteriorating health, and family circumstances. He contended that Mir's earlier conduct on parole had been satisfactory, citing reports and court orders that recorded his good behaviour at the time.
On medical grounds, counsel underscored that Mir was battling a life-threatening illness requiring specialised treatment, and alleged that the authorities downplayed his condition while failing to provide adequate care. He also pressed the family hardship angle, pointing to his daughter's disability and the demolition of the family home. (ANI)