Case Note & Summary
The petitioner, Abdul Saim, a life convict under Section 302 IPC, was undergoing sentence at Open Prison, Paithan. He applied for furlough leave to meet his 70-year-old ailing mother, which was granted for 15 days from 1.9.2009 to 16.9.2009. On 7.9.2009, he sought extension until 30.9.2009 due to his mother's serious illness requiring bed rest. The respondents granted extension only up to 22.9.2009. The petitioner surrendered on 30.9.2009, and the period from 23.9.2009 to 30.9.2009 was treated as absence without leave. He filed a writ petition seeking post facto sanction and extension for that period. The respondents opposed, arguing that the petitioner had overstayed. The court considered the humanitarian grounds, noting that the petitioner's mother was seriously ill and the petitioner had not willfully absconded. The court held that the period of absence should be treated as extension of furlough leave and directed the respondents to grant post facto sanction. The petition was allowed, and rule was made absolute.
Headnote
A) Prisons - Furlough Leave - Extension - Post Facto Sanction - The petitioner, a life convict, was granted 15 days furlough leave from 1.9.2009 to 16.9.2009 to meet his ailing mother. He applied for extension on 7.9.2009, which was granted only up to 22.9.2009. He surrendered on 30.9.2009, and the period from 23.9.2009 to 30.9.2009 was treated as absence without leave. The court held that the petitioner's absence was not willful but due to his mother's serious illness, and directed the respondents to treat the said period as furlough leave extension and grant post facto sanction. (Paras 1-7)
Issue of Consideration
Whether the petitioner is entitled to post facto sanction of extension of furlough leave for the period from 23.9.2009 to 30.9.2009 on humanitarian grounds.
Final Decision
The petition is allowed. The respondents are directed to treat the period from 23.9.2009 to 30.9.2009 as extension of furlough leave and grant post facto sanction for the said period. Rule is made absolute.
Law Points
- Furlough leave
- extension of furlough
- post facto sanction
- humanitarian grounds
- prison administration discretion
Case Details
2010 LawText (BOM) (01) 136
Criminal Writ Petition No. 1168 of 2009
P.V. Hardas, Shrihari P. Davare
S.M. Ganachari (for petitioner), K.S. Patil (APP for respondents)
Abdul Saim s/o Abdul Bashir
The State of Maharashtra, The Divisional Commissioner, Aurangabad, The Superintendent, Open Prison, Paithan
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Nature of Litigation
Criminal writ petition challenging rejection of post facto sanction of furlough leave extension.
Remedy Sought
Petitioner sought post facto sanction and extension of furlough leave for the period from 23.9.2009 to 30.9.2009.
Filing Reason
The petitioner's absence from 23.9.2009 to 30.9.2009 was treated as absence without leave, and his request for post facto sanction was rejected by the D.I.G. (Prisons) vide letter dated 30.9.2009.
Previous Decisions
The petitioner was granted 15 days furlough leave from 1.9.2009 to 16.9.2009, and extension was granted only up to 22.9.2009.
Issues
Whether the petitioner is entitled to post facto sanction of extension of furlough leave for the period from 23.9.2009 to 30.9.2009 on humanitarian grounds.
Submissions/Arguments
Petitioner argued that his mother was seriously ill and he needed to care for her, and his absence was not willful.
Respondents opposed, stating that the petitioner overstayed without proper sanction.
Ratio Decidendi
The court held that the petitioner's absence was not willful but due to his mother's serious illness, and on humanitarian grounds, the period of absence should be treated as extension of furlough leave and post facto sanction should be granted.
Judgment Excerpts
The petitioner submits that he submitted application for furlough leave to D.I.G. (Prisons) to meet his ailing mother, who is 70 years old and the said application was considered favourably by the respondent and the petitioner was granted 15 days furlough leave from 1.9.2009 to 16.9.2009.
The petitioner preferred an application dated 7.9.2009 and sought for extension of furlough leave for the period from 16.9.2009 till 30.9.2009, since his mother was seriously ill and the doctor had asked her to take complete bed rest.
The petitioner surrendered himself before the Jail Authorities on 30.9.2009 and his absence from 23.9.2009 to 30.9.2009 was considered the absence without furlough leave, and therefore, the petitioner preferred the present petition for post facto sanction and for extension for the said period i.e. 23.9.2009 to 30.9.2009.
Procedural History
The petitioner was convicted under Section 302 IPC and sentenced to life imprisonment. He was granted 15 days furlough leave from 1.9.2009 to 16.9.2009. He applied for extension on 7.9.2009, which was granted only up to 22.9.2009. He surrendered on 30.9.2009, and the period from 23.9.2009 to 30.9.2009 was treated as absence without leave. His request for post facto sanction was rejected by D.I.G. (Prisons) on 30.9.2009. He then filed the present writ petition.
Acts & Sections
- Indian Penal Code, 1860: 302
