HC warns against arbitrary release of convicted prisoners on parole, furlough

AURANGABAD: The Bombay high court's Aurangabad bench has directed state home department to ensure they adhere to rules and regulations and there is no arbitrariness in granting parole/furlough to convicted prisoners.

"We direct that henceforth the state government and officials shall take care and precaution to adhere to relevant rules, regulations and procedure, and not give any occasion for arbitrary exercise of powers, while dealing with prayers of convicts for release on parole/furlough," a bench of Justices S S Shinde and R G Avachat said on February 28.

On November 10, 2017, HC had rejected a petition by Mohammad Ali Ismail Aamdare, lodged in Nashik jail, challenging the deputy inspector general of jail, central division, Aurangabad's order of December 20, 2016, denying him release on furlough as he had illegally overstayed his earlier release on furlough for 8 years.

The HC kept Aamdare's petition pending after he drew the court's attention that other similarly placed convicts, who had illegally overstayed release on parole/furlough for two to 11 years, were released on multiple occasions.

Aamdare submitted a list of 10 convicts who overstayed parole/furlough terms. The HC had directed the secretary to home department (prisons) to conduct a probe and submit a report by December 18, 2017.

The prison authorities submitted an affidavit on January 17, 2018 and an additional affidavit on January 29, 2018, detailing instances where convicts had illegally overstayed the term of release but yet were granted release thereafter.

"There is an element of arbitrariness by the respondent authorities (state officials) in dealing those convicts vis-a-vis the petitioner (Aamdare)," the bench observed, taking cognizance of these affidavits.