The Gujarat High Court has stated that the Inspector General of Police (IGP) himself is responsible for making decisions on furlough leave applications, and the Prison Rules do not allow the exercise of such power based on file notings by the Administrative Officer in the IGP's office. This ruling was made in a case where an applicant challenged the rejection of their furlough leave application by the Administrative Officer (Jails), Gujarat State, allegedly under the orders of the Additional Director General of Police/Inspector General of Police. The rejection was based on negative opinions from police officials in the area where the offense occurred and the applicant's conviction under Section 125(3) of the Code of Criminal Procedure.
Brief Facts:
By way of this application, the applicant challenges an order dated 07.01.2023, whereby the authority concerned has rejected the application preferred by the present applicant for being released on furlough leave. Perusal of order dated 07.01.2023 would reveal that two aspects have weighed with the authority concerned namely the opinion given by the police officials where the offence had taken place is negative on the apprehension that if released the applicant might disturb the peace and tranquility of the area and that the applicant is convicted of an offence punishable under Section 125(3) of the Code of Criminal Procedure.
Observations of the Court:
The Court referred to Rule (2) of the Prison (Bombay Furlough and Parole) Rules, 1959, which designates the Inspector General of Police as the competent authority for granting furlough. The court noted that the negative police opinion regarding the applicant's potential criminal activities to arrange maintenance amount was unfounded. Referring to a previous high court case, the court stated that an adverse police opinion should not be the sole reason for rejecting a furlough application.
The court emphasized that the decision-making process for furlough should strictly adhere to the rules and be conducted by the designated authorities. The court directed the Inspector General of Police to personally make decisions and communicate them, while highlighting that reasons for rejection should be weighed by the designated authority and not an administrative officer. The court ordered a reconsideration of the applicant's furlough application within 15 days, without being influenced by the timing of the application or the current order.
The decision of the Court:
The Gujarat HC disposed of the application by directing the appropriate Sanctioning Authority, to take a decision afresh as regards grant of furlough leave to the present applicant
Case Title: Mahebubbhai Bhachubhai Bhati Versus State Of Gujarat & 1 Other
Coram: Hon’ble Justice Nikhil S. Kariel
Case no.: R/SPECIAL CRIMINAL APPLICATION NO. 1403 of 2023
Advocate for the Petitioner:
Advocate for the Respondent: MR RC KODEKAR
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