The Supreme Court noted that when Sai was granted furlough in December 2020, the ill health of his mother was pressed as a reason and other factors were not considered.

The Supreme Court also said that the Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough. The grant of furlough is regulated by Rule 3 and Rule 4, the Court said.

"While Rule 3 provides the eligibility criteria for grant of furlough for prisoners serving different lengths of imprisonment, Rule 4 imposes limitations. The use of the expression “may be released” in Rule 3 indicates the absence of an absolute right. This is further emphasised in Rule 17 which states that said Rules do not confer a legal right on a prisoner to claim release on furlough. Thus the grant of release on furlough is a discretionary remedy circumscribed by Rules 3 and 4 extracted above," the Bench stated.

Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough, the Court said.

The grant of furlough, the Court emphasised, must be balanced against the public interest and can be refused to certain categories of prisoners.

In the instant case, the Court noted that the order of DGP dated May 8, 2021 adduced a number of circumstances which cumulatively indicated that the release of the respondent on furlough may lead to a violation of public peace.

"The order refers specifically to the threat he and his followers pose to the complainant and other persons who deposed at the trial. An attempt has been made to threaten and suborn the investigating team and the witnesses. The respondent and his father have a mass following of persons who owe loyalty to them and there is a reasonable apprehension of a disruption of public peace and tranquillity. During the trial, attempts have been made to bribe public officials," the Supreme Court noted.

The December 2020 order granting furlough did not consider these aspects since the sole consideration there was the ill-health of the convict's mother.

"The previous order of the High Court did not deal with these submissions. The order only referred to the fact that the respondent’s mother was suffering on account of a cardiac arrest and granted furlough on this basis," the Court said.

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Bar & Bench

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