SC observes eligibility for getting remission not a pre-requisite for obtaining furlough

New Delhi: The Supreme Court has observed that whole of the scheme of granting furlough is based on the approach of reformation and as an incentive for maintaining good conduct and asked concerned authorities to re-examine the request of granting furlough of a murder convict.

A bench of justices Dinesh Maheshwari and Aniruddha Bose observed, "The whole of the scheme of granting furlough is based on the approach of reformation and as an incentive for maintaining good conduct."

The court noted eligibility for getting remission is not a pre-requisite for obtaining furlough.

The top court observation came while allowing the appeal of a man to restore for reconsideration of his request for grant of furlough and setting aside the order dated August 2, 2021, as passed by the High Court of Delhi and the order dated October 21, 2019, as passed by the Director-General of Prisons, Prison Headquarters, Tihar Jail.

The court has said that a fresh report may be requisitioned from the jail authorities and the matter may proceed in accordance with the law. And expected that a decision in the matter will be taken expeditiously by the Director-General of Prisons.

The convict Atbir, who is serving the sentence of imprisonment for the whole of his natural life after commuting of death sentence by the President of India, has preferred this appeal on being aggrieved by the order dated August 2, 2021, as passed by the Single Judge of Delhi High Court dismissing his writ petition against the order dated October 21, 2019, as issued by the Director-General of Prisons, Prison Headquarters, Tihar, Janakpuri, New Delhi declining his prayer to grant furlough.

The prayer of the appellant for grant of furlough has been declined by the orders essentially with reference to the conditions of the order dated November 15, 2012 issued by the President of India on a mercy petition whereby, even while modifying the death sentence as awarded to the appellant to the one of imprisonment for life.