Change condition for prisoners’ furlough
The Bombay High Court has directed the state government to substitute a condition requiring convicts from other states to furnish local surety for being released on furlough leave.
The Bombay High Court has directed the state government to substitute a condition requiring convicts from other states to furnish local surety for being released on furlough leave.
“The state ought in its rule-making power, devise such modalities as would be workable, and would result in respecting the rights and concessions of prisoner, and would also be efficacious in proper working.” said the court while acting on a petition by an inmate of Nagpur Central Prison.
The court declared the condition contrary to the dictum of the Supreme Court.
But, instead of formally striking down the condition, justices AH Joshi and AR Joshi directed the state to replace the condition with appropriate one to ensure the prisoner does not flee from the hands of law and at the same time his liberties are not abrogated.
The court has given 10 weeks to the state government for working out a suitable replacement for the condition, which purportedly put prisoners hailing from other states at difficulty while availing furlough or parole leave.