Parole, furlough steps towards convict's reformation: Delhi High Court

New Delhi: The Delhi High Court has said the basic purpose of parole and furlough was to prevent "prisonisation" and the reprieves were "steps towards reformation" of the convict.

Justice Girish Kathpalia was hearing an application filed by a convict, Chetan, against an order of the authority concerned that rejected his plea for furlough on the ground that he had on a previous occasion jumped furlough and surrendered three days after the due date and was admonished.

The petition claimed the convict surrendered beyond the prescribed date owing to an eye injury.

The judge directed the authority to decide the application afresh.

"The authorities must keep in mind the basic purpose of the concepts of parole and furlough. The requests for parole and furlough have to be examined in a paradigm different from other issues. The basic purpose of these provisions is to prevent prisonisation and thereby the same are steps towards reformation of the convict," the judge said, in an order passed on September 3.

The judge said only because the convict released on parole and furlough fails to surrender in time, unless there are other inculpatory circumstances, delay of a day or two in surrender must be examined with a slight tilt in favour of the convict in order to ensure proper utilisation of these tools of reformation.

The judge also noted that earlier, the authority concerned issued a notification holding that "punishment of warning" should not stand in the way of granting furlough, but that notification was withdrawn.

"Suffice it to record that prima facie, the said withdrawal was a regressive step, not consonant with the concept of reformation of the convict," the court said.

During the arguments, the counsel appearing for the state accepted the authority's order did not contain complete facts, so "cannot be sustained".

He requested the court to set aside the order and remand the matter to the competent authority to decide afresh.