Case Note & Summary
The judgment pertains to six criminal applications filed by convicts housed in open prisons in Maharashtra (Paithan and Visapur) seeking furlough during the COVID-19 pandemic. The applicants, represented by Advocate Rupesh A. Jaiswal, argued that they were entitled to furlough under the Maharashtra Prison Rules, but their applications were pending due to non-receipt of police reports. The State, represented by various Additional Public Prosecutors, opposed the applications on the ground that police reports were awaited. The court, comprising Justices T.V. Nalawade and M.G. Sewlikar, observed that the right to life under Article 21 of the Constitution includes the right to be with family, and furlough is a privilege that can be granted even if police reports are pending, especially in extraordinary circumstances like the COVID-19 pandemic. The court noted that there are no specific rules for furlough for open prison convicts, but the general rules for furlough can be applied. The court directed the authorities to consider the applications and grant furlough subject to conditions such as furnishing surety and reporting to the police station. The court also directed that the period of furlough be treated as parole if furlough rules are not applicable. The judgment was delivered on 14th September 2020.
Headnote
A) Prison Law - Furlough - Open Prison Convicts - Maharashtra Prison Rules - The court considered applications by convicts in open prisons for furlough during the COVID-19 pandemic. The court held that the right to life under Article 21 includes the right to be with family, and furlough is a privilege that can be granted even if police reports are pending, especially in extraordinary circumstances like the pandemic. (Paras 1-5) B) Prison Law - Open Prison - Applicability of Furlough Rules - Maharashtra Prison Rules - The court noted that there are no specific rules for furlough for open prison convicts, but the general rules for furlough can be applied. The court directed the authorities to consider the applications and grant furlough subject to conditions. (Paras 2-5)
Issue of Consideration
Whether convicts in open prisons are entitled to furlough during the COVID-19 pandemic despite pending police reports and the absence of specific rules for open prisons?
Final Decision
The court allowed the applications and directed the authorities to grant furlough to the applicants subject to conditions such as furnishing surety and reporting to the police station. The period of furlough was directed to be treated as parole if furlough rules are not applicable.
Law Points
- Furlough
- Open Prison
- COVID-19
- Prison Rules
- Maharashtra Prison Rules
- Right to Life
- Article 21
