Case Note & Summary
The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 11 years of imprisonment. He applied for 28 days furlough to stay with Fr. Maverick Fernandes at St. Xavier's Academy, a centre for the handicapped, as he had no relatives willing to receive him. The Inspector General of Prisons rejected his application on the ground that Rule 316(3) of the Goa Prison Rules, 2006 requires a relative to receive the prisoner and execute a surety bond, and Fr. Fernandes was not a relative. The petitioner challenged this order before the Bombay High Court at Goa. The court considered whether the term 'relative' should be strictly construed or liberally interpreted to serve the purpose of furlough. The court noted that the object of furlough is to enable the prisoner to maintain family and social ties and to reform. Since the petitioner had no relatives, the strict interpretation would defeat the purpose. The court held that the term 'relative' should be given a broad meaning to include any person willing to receive the prisoner and provide surety, especially in cases where the prisoner has no relatives. The court set aside the impugned order and directed the Inspector General of Prisons to reconsider the application, treating Fr. Fernandes as a 'relative' for the purpose of Rule 316(3). The court also directed that the petitioner be released on furlough subject to conditions, including a surety bond from Fr. Fernandes.
Headnote
A) Prison Law - Furlough - Interpretation of 'Relative' - Rule 316(3) Goa Prison Rules, 2006 - The court held that the term 'relative' in Rule 316(3) should be liberally construed to include a person who is not a blood relative but is willing to receive the prisoner and provide surety, especially when the prisoner has no relatives. The court directed the Inspector General of Prisons to consider the application afresh, treating Fr. Maverick Fernandes as a 'relative' for the purpose of furlough. (Paras 7-9) B) Prison Law - Furlough - Right of Prisoner - Rule 316(3) Goa Prison Rules, 2006 - The court emphasized that furlough is a right of a prisoner, not a privilege, and should be granted liberally to enable reformation and reintegration into society. The rejection on the ground of absence of a relative was held to be too technical and contrary to the object of furlough. (Paras 7-9)
Issue of Consideration
Whether a prisoner convicted under Section 8(2) of Goa Childrens Act, 2003 and sentenced to life imprisonment can be released on furlough when he has no relative willing to receive him, and whether the term 'relative' under Rule 316(3) of Goa Prison Rules, 2006 can be interpreted to include a non-relative who is willing to receive the prisoner and provide surety.
Final Decision
The court allowed the petition, set aside the impugned order dated 8th November 2018, and directed the Inspector General of Prisons to reconsider the petitioner's furlough application afresh, treating Fr. Maverick Fernandes as a 'relative' for the purpose of Rule 316(3) of the Goa Prison Rules, 2006. The court further directed that the petitioner be released on furlough subject to conditions including a surety bond from Fr. Fernandes.
Law Points
- Furlough
- Prisoner's right
- Liberal interpretation of 'relative'
- Rule 316(3) Goa Prison Rules 2006
- Section 8(2) Goa Childrens Act 2003
