The Bombay High Court dismissed a PIL challenging the remission of actor Sanjay Dutt’s sentence in the 1993 serial bomb blasts case stating that it has not found any violations by the state.
Dutt was allowed to leave the Yerwada prison in Pune last year eight months before the completion of his five-year sentence , for “exemplary conduct displayed” during his time in the jail.
The PIL had also questioned the “frequent parole and furlough” leaves granted to him.
State Has Proven Its Claims
A bench comprising Justices S C Dharamadhikari and Bharati Dangre noted that the state government had successfully backed its claims of impartiality by offering valid documents from the Home department.
In its order, the court stated that there was “nothing contrary in the records” given by the state Home department and in the state’s explanation. It has also clarified that no “violations or abuse of discretionary powers” were found .
Develop Scheme For Deciding Parole And Furlough Applications
The court has however directed the state to devise a scheme by which all applications by convicts for parole and furlough are henceforth decided upon expeditiously and transparently.
The bench stated there must be no impression of “favours” while allowing parole or furlough.
According to the PIL, even though there were several other inmates who had exemplary conduct, only Dutt was favoured by the prison authorities for the relaxation.
The state government had denied the charge.
In a previous hearing, the state provided a detailed chart containing the dates during which Dutt was out of jail on parole and furlough, as well as the reasons for the same, showing that due procedure had been followed.
The bench also highlighted that none of the inmates of the Yerwada prison had filed any complaints or allegations that their rights being breached or that Dutt had been granted undue favours.
The judges however cautioned against using PILs to target an individual. The bench noted that a Public Interest litigation must not be used as “a public(ity) interest litigation.”
Dutt was found guilty of illegal possession and destruction of an AK-56 rifle in 1993 serial blasts case.
As an undertrial , he spent just over a year and four months in jail and as a convict around two-and-a-half years between June 2013 and February 2016. In this period, he remained out of jail for around five months on parole and furlough.
