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Synopsis

The Bombay High Court has recently pulled up the state government while observing that the benefit of furlough cannot be curtailed only because the police report raises an objection.

“We hope and trust that the authorities would refrain from making such remarks which are totally unfounded and scribed just with an intention to deny the benefit available to a convict, who despite being incarcerated is not denuded of his right under Article 21 of the Constitution of India,” the order reads.

The division bench of the high court, comprising Justice Bharathi Dangre and Justice Manjusha Deshpande, was hearing a petition filed by Tabrez Khan against the order passed by prison authorities to deny him furlough based on a local police station’s report.

Khan was convicted in a murder case and was lodged in Nashik Central Prison. He was also accused in other cases

The high court was informed that the circular issued by the state prisons department stated that prison authorities should not reject applications for parole and furlough solely on the grounds of an adverse police report.

The high court observed that the prison authorities have repeatedly acted in a perfunctory manner, merely expressing the disinclination that his discharge or release from prison is likely to result in some untoward situation

“Time and again we have noticed that the prison authorities who are empowered to secure the release of a convict who is in their custody on account of he being sentenced to imprisonment, have acted in a perfunctory manner merely by expressing disinclination that his discharge or release from prison is likely to result in some untoward situation including he being indulging himself in an offence. We do not think that the laws are insufficient to take care of such a situation,” the order states.

The high court quashed the order of the prison authorities and allowed the furlough application of Khan while noting, “We hope and trust that the authorities would refrain from making such remarks which are totally unfounded and scribed just with an intention to deny the benefit available to a convict, who despite being incarcerated is not denuded of his right under Article 21 of the Constitution of India,” the court said.

Case title: Tabrez Khan vs State of Maharashtra.