Gujarat High Court
Sartana Chhitubhai Dhanuk vs State Of Gujarat on 27 August, 2019
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/SCR.A/8182/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8182 of 2019
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SARTANA CHHITUBHAI DHANUK
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. L.R. POOJARI APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 27/08/2019
ORAL ORDER
1. Considering the jail record and the fact that prisoner was lastly admitted to parole leave in July/August 2018, he is ordered to be admitted to parole leave for 21 days from the date of his actual release on usual terms and conditions, including furnishing a bail bond of Rs.5,000/ (Rupees Five Thousand) to the satisfaction of the jail authority. The applicant shall surrender to the jail authority on expiry of the parole leave.
2. The competent authority has rejected the parole leave application sought by the prisoner, blindly, as usual, overlooking the jail record and relying upon the baseless police report adverse to the applicant prisoner. While unnecessary extra weightage is given to the Page 1 of 5 Downloaded on : Thu Aug 29 01:32:13 IST 2019 R/SCR.A/8182/2019 ORDER police report, the jail conduct of the prisoner sans untoward incident was during his stay on furlough leave between 2016 and 2018 and parole leave between 2015 and 2018, has been conveniently ignored. Such mechanical approach by the Competent Authority under the Prisons (Gujarat Furlough and Parole) Rules, 1959 is required to be deprecated.
3. The conduct of the Police Officer concerned who seems to have given mechanical opinion ignoring the abovereferred facts is also required to be deprecated. The police personnel shall file an affidavit justifying the apprehension as expressed by him in the opinion submitted to the Competent Authority, with cogent material beyond a mere statement of the relatives of the victim who obviously would be interested in ensuring the denial of the parole leave to the prisoner with a prejudiced mind.
4. The applications under the Prisons (Gujarat Furlough and Parole) Rules, 1959, concerns the liberty of a person as contemplated under the Rules / Article 21 of the Constitution of India; the casual approach in disposal of such applications, therefore, cannot be countenanced. The senior ranking authorities like the Superintendent of Police are not expected to act Page 2 of 5 Downloaded on : Thu Aug 29 01:32:13 IST 2019 R/SCR.A/8182/2019 ORDER mechanically on the reports concerning the prisoner made by their subordinate officers. They are required to apply their mind to the report and must rely upon the entire jail record, the conduct of the prisoner in jail and outside the jail during temporary bails, parole leaves or furlough leaves. While a good conduct within and without the jail would be a factor in favour of the prisoner, the contrary serious conduct would justify the rejection of the leave application. Mere statement of the victim's relative who obviously will give a negative opinion to ensure the denial of leave to the prisoner, would not wipe out otherwise unblemished record of the prisoner. Only weighty specific circumstances pointing out a real serious threat to law and order situation and not a mere mechanical complaint of threat, would justify denial of the leave to the prisoner. Mechanical approach would consequent into a charge of avoidance of constitutional obligations.
5. Similarly, the senior ranking officers like the District Magistrate who is the competent authority deciding the applications under the Prisons (Gujarat Furlough and Parole) Rules, 1959, is also required to apply its mind to the relevant circumstances indicated above, and if adverse report of the prisoner is given without Page 3 of 5 Downloaded on : Thu Aug 29 01:32:13 IST 2019 R/SCR.A/8182/2019 ORDER weighty material, it should be the obligation of the District Magistrate to require the reporting officers to substantiate the contents of the report by weighty materials. Alongwith the report supported by material, the District Magistrate is expected to take into consideration the jail record, and other aspects discussed in the foregoing paragraphs.
6. In absence of blemished conduct of the prisoner outside the jail, only material for deciding the application would be his jail record. If the prisoner is found to have behaved properly in jail and is not involved in any untoward incident either in jail or outside the jail, there could be no reason to deny leave to him, if otherwise, entitled to under the Prisons (Gujarat Furlough and Parole) Rules, 1959.
7. It is hoped that henceforth the responsible officers like the Superintendent of Police and District Magistrate would bear the aforesaid aspects in mind, while dealing with the applications for furlough or parole leave.
8. It is expected that both the senior ranking dignitaries would appropriately apply their mind to the facts and circumstances of each case before submitting a report or before acting upon Page 4 of 5 Downloaded on : Thu Aug 29 01:32:13 IST 2019 R/SCR.A/8182/2019 ORDER such report.
9. Copy of this order shall be made available to the learned Additional Public Prosecutor who shall ensure its communication to both the authorities abovereferred.
10. This order shall be communicated to the jail authority and the matter be notified for explanation of the Police Officer concerned on 06.09.2019.
(G.R.UDHWANI, J) Pradhyuman Page 5 of 5 Downloaded on : Thu Aug 29 01:32:13 IST 2019