The Gujarat High Court recently stated that Narayan Sai, the son of controversial godman Asaram Bapu, cannot be granted furlough leave as he is considered a dangerous individual.
In this case, Justice Nisha Thakore, referred to the Supreme Court's observations. The Supreme Court emphasized the need to provide humane treatment to convicts while ensuring that such kindness does not lead to cruelty towards society.
Brief Facts:
Narayan Sai, who was taken into custody on December 4, 2013, in relation to a rape case, was found guilty in 2019 and given a severe life imprisonment sentence. Over the years, he was granted temporary release on four occasions, in April 2015, February 2019, December 2020, and January 2022. However, in February 2023, he filed a petition contesting the denial of furlough leave by the prison authorities.
The police authorities emphasized that Sai, being a person of influence among his followers, has the potential to disrupt public peace and harmony. They highlighted an incident where a female Deputy Commissioner of Police (DCP) was threatened by one of his disciples, as well as instances where his followers, at his direction, attempted to bribe the police team investigating the case with a sum of ₹1 crore.
Observations of the Court:
The court took into account the perspectives of both the prison authorities and the police authorities in Ahmedabad and Surat districts. It is evident from the record that witnesses were subjected to threats during the trial. The court also observed numerous concerning incidents as reported by the authorities in their report, spanning from 2014 to 2019. Even within the prison, the petitioner consistently demonstrated a lack of discipline. One incident, mentioned in his jail conduct report, indicated that he had led and incited fellow inmates to protest inside the prison to fulfill their demands. The court acknowledged that this behaviour prima facie suggests the petitioner's inclination towards using coercive tactics against the prison authority.
The Court also took into account that the petitioner had previously presented a fraudulent medical certificate. Given the petitioner's contemptuous behavior, the Court concluded that there is no error in the State Authority's decision to deny furlough. It was noted by the Court that “if one who has been found guilty of an offence of rape, is released on furlough, there is no guarantee that he will not indulge in similar activity as soon as he is enlarged. None of the twin objects of punishment of imprisonment would then be served. Neither would he be reformed nor would the society remain immunized from his criminal activity. It would be dangerous to the society to release him on furlough merely out of considerations of penal reform and humane treatment”.
The decision of the Court:
The Gujarat High Court dismisses the present petition as no error was found in the State Authority's decision to deny furlough.
Case Title: Narayan Sai @ Mota Bhagwan vs State of Gujarat
Coram: Hon’ble Justice Nisha M. Thakore
Case no.: R/SPECIAL CRIMINAL APPLICATION NO. 4640 of 2023
Advocate for the Applicant: MR. ZUBIN BHARDA WITH MR. RAJENDRA D JADHAV
Advocate for the Respondent: - MR. R.C.KODEKAR, APP ASSISTED BY MS. M.H.BHATT, APP
Read Judgment @LatestLaws.com
Picture Source :
