Case Note & Summary
The petitioner, Bhagchand Masicharan Dhilor, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment in Sessions Case No.87 of 1986 by the Additional Sessions Judge, Jalgaon. While undergoing imprisonment, he was granted furlough leave for two weeks and released on 27.5.1996. He was required to return on 11.6.1996 but failed to do so and remained absconding for 2531 days until he was arrested and produced in jail on 19.5.2003. After his return, the Superintendent of Nasik Road Central Prison issued a show cause notice on 20.5.2003 under Prison Rule 1979 Chapter 27 Rule 26(2)(a). The petitioner did not submit any explanation. Consequently, the Superintendent proposed a total cut of his earned remission of 1297 days and striking down his name from the remission register permanently. The proposal was approved by the Joint District and Sessions Judge, Nasik. The petitioner challenged this order by way of a criminal writ petition, arguing that the Superintendent could not impose such punishment merely by seeking approval of the Sessions Judge. The court considered the provisions of the Prison Rules and held that the Superintendent had the power to forfeit remission and permanently remove the petitioner's name from the remission register, as the procedure of issuing a show cause notice and obtaining approval from the Sessions Judge was correctly followed. The court found no merit in the petition and dismissed it, upholding the order of the Superintendent.
Headnote
A) Prison Law - Remission - Forfeiture of Remission - Prison Rules, 1979, Chapter 27, Rule 26(2)(a) - The Superintendent of Prison has the power to forfeit earned remission and permanently remove a prisoner's name from the remission register for overstaying furlough leave, provided a show cause notice is issued and the proposal is approved by the Sessions Judge. The court held that the procedure followed by the Superintendent was valid and the punishment was proportionate to the gravity of the misconduct (Paras 1-6).
Issue of Consideration
Whether the Superintendent of Prison has the power to forfeit earned remission and permanently remove a prisoner's name from the remission register for overstaying furlough leave, and whether such action requires prior approval of the Sessions Judge under the Prison Rules.
Final Decision
The court dismissed the petition, upholding the order of the Superintendent of Nasik Road Central Prison forfeiting 1297 days of earned remission and permanently removing the petitioner's name from the remission register.
Law Points
- Prison Rules
- Remission
- Furlough
- Overstay
- Forfeiture of Remission
- Superintendent's Disciplinary Powers
- Show Cause Notice
- Approval by Sessions Judge
Case Details
Criminal Writ Petition No.832 of 2006
J.N. Patel, Smt. Roshan S. Dalvi
None for the petitioner, Mr. D.S. Mhaispurkar, A.P.P. for the state
Bhagchand Masicharan Dhilor
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Nature of Litigation
Criminal writ petition challenging the order of the Superintendent of Prison forfeiting remission and permanently removing the petitioner's name from the remission register.
Remedy Sought
The petitioner sought to quash the order passed by the Superintendent of Nasik Road Central Prison deducting his remission and denying him remission by ordering his removal from the Register of remission permanently.
Filing Reason
The petitioner overstayed his furlough leave by 2531 days, and upon return, the Superintendent issued a show cause notice and, after no explanation, proposed forfeiture of 1297 days of earned remission and permanent removal from the remission register, which was approved by the Sessions Judge.
Previous Decisions
The petitioner was convicted under Section 302 IPC and sentenced to life imprisonment on 4.3.1987. He was granted furlough on 27.5.1996, failed to return on 11.6.1996, and was arrested and produced in jail on 19.5.2003. Show cause notice issued on 20.5.2003, proposal for forfeiture approved by Joint District and Sessions Judge, Nasik.
Issues
Whether the Superintendent of Prison has the power to forfeit earned remission and permanently remove a prisoner's name from the remission register for overstaying furlough leave.
Whether the procedure followed by the Superintendent (issuance of show cause notice and approval by Sessions Judge) was valid under the Prison Rules.
Submissions/Arguments
The petitioner argued that the Superintendent could not have imposed the punishment merely by seeking approval of the Joint District and Sessions Judge.
The respondent (State) argued that the procedure under Prison Rules was correctly followed and the punishment was justified.
Ratio Decidendi
The Superintendent of Prison has the power under Prison Rules, 1979, Chapter 27, Rule 26(2)(a) to forfeit earned remission and permanently remove a prisoner's name from the remission register for misconduct such as overstaying furlough, provided a show cause notice is issued and the proposal is approved by the Sessions Judge. The procedure followed in this case was valid and the punishment was proportionate.
Judgment Excerpts
This petition has been filed by the convict Bhagchand Masicharan Dhilor through Jail challenging the order passed by the Superintendent of Nasik Road Central Prison for deducting his remission and denying him remission by ordering his removal from the Register of remission permanently.
It is a case of the petitioner that he has been convicted in Sessions Case No.87 of 1986 by the Additional Sessions Judge, Jalgaon for having committed offence under section 302 of the Indian Penal Code.
The petitioner on the expiry of furlough leave was expected to return to the prison on 11.6.1996 but he failed the return to the prison on the due date and over stayed for a total period of 2531 days.
After the petitioner was arrested and lodged in prison, a show cause notice to the petitioner came to be issued on 20.5.03 under the prison rule 1979 Chapter 27 Rule 26 2(a).
The Superintendent, Nashik Road Central Prison submitted a proposal to the court of Sessions on 1.7.2003 proposing a total cut of his earned remission of 1297 days and striking down his name from the remission register permanently.
It is a case of the petitioner that the Superintendent of Nasik Road Central Prison could not have imposed the proposed punishment merely by seeking approval of the Joint District and Sessions Judge, Nasik.
Procedural History
The petitioner was convicted under Section 302 IPC on 4.3.1987 and sentenced to life imprisonment. He was granted furlough on 27.5.1996, failed to return on 11.6.1996, and was arrested on 19.5.2003. Show cause notice issued on 20.5.2003. Proposal for forfeiture of remission submitted on 1.7.2003 and approved by Joint District and Sessions Judge, Nasik. The petitioner filed Criminal Writ Petition No.832 of 2006 challenging the order.
Acts & Sections
- Indian Penal Code, 1860: 302
- Prison Rules, 1979: Chapter 27, Rule 26(2)(a)
