Furlough Is Not Matter Of Right, Can Be Rejected In Rarest Of Rare Cases: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that furlough is not a matter of right and can be denied in the rarest of rare cases.

Furlough and parole envisage a short-term temporary release from custody.

The difference is, while parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason as per the relevant policy.

The Court rejected the plea seeking furlough of a "hardcore prisoner" under Haryana Good Conduct Prisoners(Temporary Release) Act 202, convicted for life imprisonment in a murder case.

Justice Sandeep Moudgil said, "It can be distinctly stated that parole and furlough are the parts of the penal and the prison system for humanizing prison administration but the two have different purposes. For the sake of the security of the society, furlough can be rejected on the rarest of the rare case."

The Court added that, Furlough is not a matter of right, means it is not a guaranteed benefit; rather, it is a discretionary concession that may be granted or denied based on established criteria, circumstances, and the authority's judgment.

Man Is Fighting Creature, To Think About Crimeless Society Is Meaningless

The Court also observed that, "there can't be a society without crimes. Man essentially is a fighting creature, thus to think about a crimeless society is meaningless. Laws are the guidelines of activities managing the direction of people in the public arena."

"The behaviours which are made passable under the law are treated as legitimate. The miscreant carrying out wrongdoing is rebuffed for his blame under the Rule that everyone must follow. Thus it can be stated that, The Institution of Prison is indispensable for every country (India) to punish, the convicted criminals and maintain law and order, peace and security, and a balanced ambiance in a country", it added.

These observations were made while hearing a plea under article 226/227 of the Constitution  read with Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act 2022 for issuing writ in the nature of certiorari quashing the speaking order passed by the authority where four weeks furloughs allegedly dismissed arbitrarily.

The petitioner was sentenced to life imprisonment in a murder case by the trial Court and the appeal filed before the High Court was dismissed in 2012.

Opposing the plea, the State counsel submitted that the grant of Furlough to the petitioner by submitting that the petitioner has been convicted for crime of murder with intention of collection ransom and as per section 4 of Sub section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act 2022, he is not entitled for the relief of furlough.

After examining the submissions, the Court found that the petitioner has availed parole/furlough 16 times under the Parole Act 2012, but a reading of Section 3 sub section 4 of the Haryana Good Conduct Prisoners(Temporary Release) Act 2022 makes it abundantly clear that the petitioner does not stand eligible to be released on furlough, since he has been punished imprisonment for life.

Referring to Apex Court decision the Court said, "no prisoner has a vested right to get the benefit of temporary release on parole/furlough. It is a concession, which is given to a prisoner on fulfilling certain conditions."

If on the date of making an application for grant of temporary release, a prisoner fulfills all the conditions applicable in his case, he can be considered for such concession for a limited period, it added.

Considering that the petitioner was a hardcore prisoner as per section 3 sub section 4 of the Haryana Good Conduct Prisoners(Temporary Release) Act 2022 does not fulfil the criteria for being released on furlough, the Court opined that, "he cannot be granted the concession of furlough."

Mr. Randeep Singh Dhull, Advocate for the petitioner.

Mr. Baljinder Singh Virk, Sr DAG, Haryana

Title: SONU ALIAS AMAR v. STATE OF HARYANA AND ORS

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