Mumbai: There is good news for convicts languishing in prisons. The Nagpur bench of the Bombay High Court has clearly said that henceforth, the police authorities considering the parole or furlough applications of prisoners, cannot reject it by merely claiming that 'law and order situation may arise.' The HC has said that authorities will have to give a proper reasoning for rejecting any such application.
A bench of Justices Zaka Haq and Shriram Modak also ordered the police and jail authorities to decide parole and furlough applications within the time frame, as contemplated in the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959.
“Parole leave is recognized as a statutory right and the convicts are entitled to parole leave, under certain circumstances. Of course, it is not the absolute right of the convict to seek parole leave and the right is circumscribed by various other considerations including the objective satisfaction of the jail authorities and the authority competent to consider the application made by the convict for grant of parole leave,” the bench said.
“Hence, if it is recommended that parole leave should not be granted, such recommendations should be supported by proper reasons and the necessary details on the basis of which the officer recommending that parole leave should not be granted, forms his opinion,” the judges said.
The bench further noted that in numerous such cases, the applications filed by convicts are rejected just because the police authorities claim that the prisoner's release (on parole or furlough) can lead to law and order situations.
“We have noticed that the applications submitted by the convicts for grant of parole leave are considered mechanically and a sentence is inserted that leave should not be granted as the release of the convict may result in law and order problem or the convict may abscond,” the bench said.
“Of course, police officers are entitled to make such recommendations and in appropriate cases, they should make a recommendation of such type. However, in such situation, they should support that conclusion by recording the reasons and giving details of the material on the basis of which they form the opinion,” the bench said in its seven-page order.
The significant order was passed while deciding a petition filed by a murder convict, who challenged the decision of authorities rejecting his parole leave just because the police from Uttar Pradesh's Azamgarh had claimed that he might abscond.
Irked over the report of Azamgarh police, the judges said, “The police sub-inspector, Azamgarh has not pointed out the basis for his negative recommendation, hence it cannot be considered.”
The bench further considered the fact that the murder convict was granted furlough and parole leave on three separate occasions and himself surrendered before the authorities on expiry of the leaves.
“As we find that there has been gross negligence on the part of the authorities, we are of the view that compensation of Rs 10,000 should be granted to him,” the bench said while ordering his release on parole for 30 days.
