The Bombay High Court Overturns An Order That Denied A Prisoner Furlough For Failing To perform Carpentry Work While Incarcerated

Last Updated on October 9, 2024 by Arti Kumari

A recent ruling by the Special Police Inspector General of Prisons (East Region) that denied a prisoner furlough leave on the grounds that the inmate refused to perform “carpentry” labor while incarcerated was overturned by the Bombay High Court.

In Nagpur, a division court of Justices Vinay Joshi and Vrushali Joshi overturned the Special Police Inspector General of Prisons’ June 7, 2024, order that the officer denied furlough leave to murderer Dashrath Debur.

The judges were notified that the authority, citing Rule 4(6) of the Bombay Furlough and Parole Rules, had denied Debur’s request for furlough leave. The aforementioned clause gives a superintendent of police the authority to refuse furlough leave to inmates whose work and behavior, in the officer’s opinion, are not up to par.

The petitioner’s attorney told the bench that the authorities denied his client furlough leave because he did not report to work at the institution. The attorney went on to say that there was insufficient labor in the institution, so the aforementioned excuse was untenable.

The courts did point out that the petitioner had the option to do carpentry labor, but he declined.

“According to the record, the petitioner has the option to perform carpentry work, but has declined to do so. According to the bench’s October 4 ruling, “it is purely factual as to whether work was not available or the petitioner has refused.”

The justices also pointed out that the petitioner had been incarcerated for the previous four years.

“The petitioner promises to complete the task at hand in the future. The bench accepted the petitioner’s guarantee and stated, “Under these circumstances, we are inclined to release the petitioner on furlough leave.”

Therefore, the order dated June 7, 2024, was quashed and set aside. Additionally, the court ordered the respondents to release the petitioner on furlough leave within four weeks, subject to any appropriate restrictions it sees fit.

Case Title: Dashrath Dhramaji Debur vs Special Police Inspector General Prison (East Region), Nagpur.

Criminal Writ Petition No. 612/2024