Bombay High Court Sets Aside Order Denying Furlough To Prisoner For Not Doing Carpentry Work In Prison

The Bombay High Court recently quashed and set aside an order passed by the Special Police Inspector General of Prisons (East Region) which refused to permit furlough leaves to a convict on the ground that the prisoner refused to do 'carpentry' work while in jail.

A division bench of Justices Vinay Joshi and Vrushali Joshi, sitting at Nagpur, quashed the order passed by the Special Police Inspector General of Prisons on June 7, 2024, by which the officer refused furlough leave to the petitioner Dashrath Debur, a murder convict.

The judges were informed that the application for furlough leave, as filed by Debur was turned down by the authority citing Rule 4(6) of the Bombay Furlough and Parole Rules. The said provision empowers a Superintendent of Police to deny furlough leave to those prisoners, whose work and conduct are in the opinion of the officer, not satisfactory enough.

The bench was informed by the counsel for petitioner that the reason based on which the authority refused furlough leave to his client was that he did not work in the prison. The counsel added that the said reason was not tenable as there was no sufficient work in the prison.

However, the judges noted that carpentry work was available for the petitioner but he refused to do so.

"The record indicates that carpentry work is available to the petitioner which the petitioner has refused to do so. It is purely factual aspect as to whether work was not available or the petitioner has refused," the bench said in its October 4 order.

Further, the judges noted that the petitioner is in jail from last four years.

"The petitioner assures to do the assigned work in future. In these circumstances, we are inclined to release the petitioner on furlough leave," the bench said while accepting the assurance made by the petitioner.

It therefore, quashed and set aside the order dated June 7, 2024. Further the bench directed the respondents to release the petitioner on furlough leave by imposing suitable conditions as it deems fit, within four weeks.

Appearance:

Advocate Ratna Singh appeared for the Petitioner.

Additional Public Prosecutor Nandita Tripathi represented the State.

Case Title: Dashrath Dhramaji Debur vs Special Police Inspector General Prison (East Region), Nagpur (Criminal Writ Petition 612 of 2024)

Click Here To Read/Download The Order