Case Note & Summary
The petitioner, Rajasaab Mujawar, a convict serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition challenging the order dated 10/10/2016 by which the first respondent (State of Goa) refused to release him on furlough. The sole ground for refusal was an adverse report from the Superintendent of Police, Dharwad, dated 19/09/2016, which stated that the petitioner's family did not belong to Kundagol town but to Mittlekod village, Taluka Kushtagi, District Koppal, and that his relatives were residing in a rented house in Kundagol working as coolies. The report expressed a possibility of breach of peace and the petitioner absconding if released on furlough. The petitioner's counsel, Shri T. George John, contended that the same ground had been rejected earlier by this Court in Criminal Writ Petition No.174 of 2015 vide order dated 16/12/2015, and there was no basis to refuse furlough. The learned Public Prosecutor, Shri S. R. Rivankar, submitted that the refusal was based solely on the adverse police report. The Court noted that it was not disputed that when the petitioner was earlier released on furlough, there was no incident of breach of peace or unavailability. The Court held that the possibility of breach of peace or absconding, without any concrete material, cannot be a valid ground to deny furlough, especially when the petitioner had previously availed furlough without any adverse incident. The Court allowed the petition, quashed the impugned order, and directed the respondents to release the petitioner on furlough for a period of 21 days on such terms and conditions as the respondents may deem fit.
Headnote
A) Prisons and Prisoners - Furlough - Right of Prisoner - Furlough is a right of a prisoner and can be denied only on valid grounds supported by material evidence - The mere possibility of breach of peace or absconding, without any concrete evidence, is not sufficient to deny furlough, especially when the prisoner had previously availed furlough without any adverse incident (Paras 6-7).
Issue of Consideration
Whether the refusal of furlough to the petitioner solely on the basis of an adverse police report citing possibility of breach of peace and absconding is sustainable in law
Final Decision
The petition is allowed. The impugned order dated 10/10/2016 is quashed and set aside. The respondents are directed to release the petitioner on furlough for a period of 21 days on such terms and conditions as the respondents may deem fit.
Law Points
- Furlough is a right of a prisoner
- not a privilege
- and can be denied only on valid grounds supported by material evidence
- not on mere possibility of breach of peace or absconding
- especially when previous furlough was availed without incident
