The Delhi High Court has ruled that furlough is a benevolent provision that loses its purpose if prison rules are mechanically interpreted.
May 6, 2024 2024-07-05 10:21The Delhi High Court has ruled that furlough is a benevolent provision that loses its purpose if prison rules are mechanically interpreted.
The Delhi High Court has ruled that furlough is a benevolent provision that loses its purpose if prison rules are mechanically interpreted.
By
Jeevak Mukherjee
The Delhi High Court, in a recent judicial pronouncement, issued a cautionary reminder against the rigid interpretation of prison regulations, particularly emphasizing the provision of furlough. Justice Swarana Kanta Sharma articulated concerns that adhering strictly to mechanical interpretations might dilute the intended benevolence of such provisions, which are primarily designed for the welfare of incarcerated individuals.
Highlighting the potential repercussions of inflexible interpretations, Justice Sharma stressed the risk of eclipsing the compassionate intent underlying these regulations. She underscored the importance of considering the well-being of prisoners, especially regarding their mental health and prospects for rehabilitation, in the face of prolonged periods of confinement.
The court’s attention was drawn to Rule 1200 of the Delhi Prison Rules, meticulously crafted by the drafting committee, indicating a deliberate balance between regulatory caution and foresight. This acknowledgment accentuated the need for a nuanced and empathetic approach in understanding the genuine purpose and spirit of furlough provisions.
In a specific case where these principles were applied, Justice Sharma granted furlough to an individual serving a life sentence for offenses under the Indian Penal Code and the Protection of Children from Sexual Offences Act (POCSO Act). Notably, the court highlighted the petitioner’s fulfillment of the eligibility criteria outlined in Rule 1223, which included exemplary conduct and Indian citizenship.
Importantly, the court rejected the notion of denying furlough solely on the grounds of the gravity of the offense committed, emphasizing that such an approach would defeat the very purpose of the provision. This judicial stance underscored a commitment to uphold principles of fairness and compassion within the criminal justice system, ensuring that opportunities for rehabilitation and humane treatment are extended to all individuals, even those facing severe legal consequences.
Case: Ashok Kumar vs State of NCT Delhi, Delhi High Court.
Citation: W.P. (CRL) 3063 of 2023
