Furlough granted to prisoner cannot be halted citing Model Code of Conduct: Bombay High Court

The Bombay High Court recently took exception to Harsul Central Prison Superintendent's refusal to release a convict on furlough citing the Model Code of conduct (MCC) for the ongoing Lok Sabha Elections [Ganesh Bhaurao Ghatol vs State of Maharashtra]. .A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme noted that petitioner Ganesh Bhaurao Ghatol had been granted furlough for 28 days by the DIG Prison, five days before the MCC was notified. However, the Jail Superintendent after some communication with the SDPO of Itwara in Nanded, refused to release Ghatol who is serving life sentence..The Court in the order dated May 6 said it had not been apprised of any rule that could allow the jail superintendent to sit over the decision of DIG (Prison)."Irrespective of the model code of conduct is in place or otherwise, in our considered view, once the competent authority has passed an order granting furlough, the initiative taken by his subordinate i.e. Superintendent of Central Prison, Harsool referring to the supervening event of promulgation of the model code of conduct in the wake of Lok Sabha election, is grossly erroneous and even would tantamount to dereliction of the order passed by the superior officer," the bench said..The Court also said that even if the jail superintendent wanted to act safely due to the MCC, the officer should have first communicated with the DIG about the change in situation. "He does not seem to have undertaken any such exercise by keeping his superior officer informed about his attempt to consider this aspect. This has resulted in an awkward situation where the order granting furlough is still in operation and the Superintendent of Central Prison, Harsool is sitting over it, rather defying it," the Court said..While sternly deprecating the jail superintendent's conduct, the Court ordered immediate release of the convict. It also ordered the officer to substantiate the stand taken by him. On May 10, the jail superintendent told the Court that DIG (Prison) in July 2019 had issued a communication that even in respect of prisoners who have been granted furlough, it has to be ensured before releasing him from prison that he would not commit breach of the model code of conduct.Following the explanation, Ghatol's petition was disposed of. .Advocate Sharada P Chate appeared for the petitioner.Additional Public Prosecutor VK Kotecha represented the State..[Read Order]