Terrorists, kidnappers won’t get furlough: HC

MUMBAI: The Bombay high court has upheld a rule by the Maharashtra government that denies release from prison on furlough leave to accused who are convicted of charges like kidnapping, terrorism, smuggling and anti-narcotics laws.
“The prisoners, whose conviction is for such offences, which affect larger public interest and public good so also public peace cannot claim to mingle with the society as a matter of right,” said a division bench of Justice Vijaya Kapse-Tahilramani and Justice Anuja Prabhudesai.
Furlough leave of 14 days, which can be extended by another 14 days, is available to a convict who has spent two years in jail. For the first seven years, furlough leave can be granted, once every two years. After seven years, the convict can avail of furlough leave every year.
The court was hearing a challenge to the rule filed by Sharad Shelake (29), who is serving life imprisonment, for the kidnap and murder of a Sawantwadi resident in 2010. He claimed that while furlough is not denied to those convicted for murder, if the accused is convicted on charges of kidnapping for ransom, then they are barred from availing of furlough. The HC, said that the crimes were of different nature, murders were committed during a fight or for a grouse against a person and was unlikely to be repeated, if such a convict was released on furlough leave. However, the charge of kidnapping was not on the same level.
“One cannot ignore that if the conviction is for terrorism, kidnapping, smuggling, then release of such prisoners on furlough should be considered to be dangerous,” said the judges.