Case Note & Summary
The petitioner, Rupesh Salgaonkar, a prisoner undergoing sentence of imprisonment since 22/02/2016 and in custody since his arrest on 23/01/2013, filed a Criminal Writ Petition before the High Court of Bombay at Goa challenging the rejection of his furlough application by the Inspector General of Prisons (respondent no.2). The petitioner, through his counsel Ms. Dolorosa Chiquita, contended that the reason given for rejecting furlough was unreasonable and unjustifiable, and that he was entitled to furlough. The Public Prosecutor, Shri S. R. Rivankar, fairly conceded that the ground for rejection was not justifiable. The court, considering the petitioner's period of incarceration and his good conduct (which was not denied), found the ground for rejection unreasonable and unjustifiable. The court allowed the petition, directing respondent no.2 to consider the petitioner's application for release on furlough expeditiously. The rule was made absolute with no order as to costs.
Headnote
A) Prisons and Prisoners - Furlough - Rejection of Furlough - Unreasonable Grounds - The court examined the rejection of furlough by the Inspector General of Prisons and found the ground to be both unreasonable and unjustifiable. The court directed expeditious consideration of the application, noting the petitioner's good conduct and long period of incarceration. (Paras 2-3)
Issue of Consideration
Whether the rejection of the petitioner's furlough application by the respondent no.2 was unreasonable and unjustifiable, and whether the petitioner is entitled to furlough.
Final Decision
The petition is allowed. Respondent no.2 is directed to consider the petitioner's application for release on furlough expeditiously. Rule made absolute with no order as to costs.
Law Points
- Furlough
- Prisoner's Rights
- Reasonable Grounds for Rejection
- Judicial Review of Administrative Decisions
