The actor’s furlough was recently rejected by Yerwada jail authorities. This, despite it being for valid health reasons. is he more sinned against than sinning?
By India Legal Team
Actor Sanjay Dutt got his present furlough rejected, but there is a general feeling that he has been singled out for favorable treatment while passing his term in Yerwada Jail in Pune. Questions have been raised in the public space about him getting frequent furloughs in the past and why he is not being treated like a normal prisoner.
However, not many know that furlough is a privilege given by the Indian judicial system to all prisoners and Dutt is no exception. He has to follow jail rules to avail of it, just like any other prisoner. He can apply for furlough for 14 days and after that, request for an extension of another 14 days.
In Maharashtra, numerous prisoners get furlough daily. But according to prison rules, they cannot get it for more than 28 days in a year. Furloughs were instituted to ensure the prisoner does not lose touch with society and attends to important social obligations. These are also granted for health considerations. Usually, furloughs are granted for 14 days and extensions can be given if there are valid reasons.
Dutt promoting PK along with Aamir Khan and Raj Kumar Hirani during his latest furlough. He played the role of Aamir’s friend, Bhairo Singh, in the film
On December 24, 2014, Dutt was released on a 14-day leave of furlough by Yerwada Jail authorities. Before that, he was granted leave in October 2013 for 28 days on health grounds. In December 2013, he was again allowed to go on leave to tend to his sick wife. This led to a public perception that he was singled out for preferential treatment. It is for the jail authorities to use their discretion to turn down furlough applications made by convicts who have been sentenced for rape, dacoity or offences under the Narcotic Drugs and Psychotropic Substances. Jail authorities also look at the prisoner’s behavior in jail before okaying the furlough.
COMMON PRIVILEGE
Besides Dutt, as many as 34 prisoners in Yerwada Jail had got furloughs at the same time in December 2014. Dutt had requested for an extension to get some affected nerves on his leg treated. The Mumbai Police cleared it, saying that on health grounds he could be given an extension of 14 days. The Mumbai Police received an email application asking for an extension and a mandatory “No Objection Certificate” was emailed to Yer-wada Jail authorities on the same day, ie, January 9, 2015. In fact, his angiography was scheduled for the afternoon of January 10, 2015, but had to be abandoned due to his furlough being rejected.
RT Dhamne, Deputy Inspector General of Prisons, Pune, chose not to grant the furlough despite it being okayed by the Mumbai Police and the fact that it was for a valid medical reason. When India Legal called Dha-mne to ask why he hadn’t granted a furlough this time when he had granted it earlier on similar grounds, he could not give a valid reason. When probed further, he cut the call.
Incidentally, Dutt will finish his five-year jail term in August this year.
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