Once Competent Authority Approved Furlough, Prisoner's Release Cannot Be Halted Citing Model Code Of Conduct: Bombay HC

The bench of Justice Mangesh S. Patil and Justice Shailesh P. Brahme observed, “Irrespective of the model code of conduct is in place or otherwise, in our considered view, once the competent authority has passed an order granting furlough, the initiative taken by his subordinate Superintendent of Central Prison, Harsool referring to the supervening event of promulgation of the model code of conduct in the wake of Lok Sabha election, is grossly erroneous and even would tantamount to dereliction of the order passed by the superior officer.”

Brief Facts-

A petition was filed under Article 226 of the Constitution of India by a prisoner serving life imprisonment after being aggrieved by the fact that despite the D.I.G. (Prison) having granted him furlough for 28 days by its order, the Superintendent of Central Prison, Harsool, Chhatrapati Sambhaji Nagar has not released him.

The Court noted that the order granting furlough was passed even before the model code of conduct was notified.

The Court further noted that any reference to rule 4(19) of the Bombay (Parole and Furlough) Rules, 1959, by the superintendent is unmindful of the fact that this is not the stage to consider after passing of the order granting furlough leave.

Accordingly, the Court allowed the Writ Petition.

Finally, the Court directed the Superintendent to immediately release the petitioner if the conditions in the order granting furlough are obeyed.

Cause Title: Ganesh Bhaurao Ghatol v. The State of Maharashtra 

Appearance:

Appellant: Adv. Sharada P. Chate

Respondent: APP V.K. Kotecha

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