Furlough is not an absolute right, according to the Supreme Court, and it is dependent on a number of factors.
The Gujarat High Court’s order granting 14-day furlough to rape convict Narayan Sai, son of self-styled godman Asaram Bapu, was overruled by the Supreme Court on Wednesday.
A Bench of Justices D. Y. Chandrachud and B. V. Nagarathna allowed the appeal of the Gujarat government challenging the June 24 Order of the High Court granting furlough to Sai.
Furlough is not an absolute right, according to the Supreme Court, and it is dependent on a number of factors. It said the jail superintendent has given a negative opinion for grant of furlough to Sai as a mobile phone was found from his cell.
The Gujarat High Court’s order of a two-week furlough for Sai was stayed on August 12 by the Supreme Court. On the Gujarat government’s petition, the Supreme Court issued a notice to Sai, staying the High Court’s single-judge Order of June 24 until further orders.
It had said that the proviso to Rule 3(2) of the Bombay Furlough and Parole Rules 1959, provides that a prisoner sentenced to life imprisonment may be released on furlough “every year” after he completes seven years actual imprisonment.
On June 24, 2021, a single-judge bench of the High Court ordered Sai’s release on furlough for two weeks, but the division bench stayed it until August 13, and the State then appealed to the Supreme Court, challenging the June 24 Order.
The state government has contended that, under the rules and even in a court decision, furlough is not an absolute right and is dependent on a variety of factors.
According to the report, Sai and his father were arrested on rape charges and wield considerable influence with money and muscle.
On April 26, 2019, a Surat court sentenced Sai to life in prison for rape, 377 (unnatural offences), 323 (assault), 506-2 (criminal intimidation), and 120-B (conspiracy) under Indian Penal Code Sections 376 (rape), 377 (unnatural offences), 323 (assault), 506-2 (criminal intimidation), and 120-B (conspiracy).
In 2013, Asaram was arrested for allegedly raping a girl in Rajasthan after two Surat-based sisters had accused Asaram and his son of sexual exploitation.
The elder sister had accused Asaram of sexually assaulting her between 1997 and 2006 when she lived at his Ahmedabad ashram.
Between 2002 and 2005, the younger sister lived at Asaram’s ashram in Surat’s Jahangirpura area and accused the godman’s son of sexual assault.
Multiple sexual assaults and unnatural sex with the victim occurred between 2002 and 2005, but the case against Sai had only been filed in 2013.
In December 2013, Sai was caught near the Delhi-Haryana border. When Sai was imprisoned, Surat police claimed to have discovered elaborate plans to bribe police officers, doctors, and even judicial officers in order to weaken the case against him.