The petition was filed by Mohd. Sagir Bashir Chauhan assailing an order rejecting his request for furlough leave.
The Court observed that he was granted furlough on six occasions in the past and had always surrendered on the due date.
“If, this is the record of the petitioner, we do not understand as to why this time the petitioner has been denied the benefit of furlough leave,” the Court stated.
The Court further said that the reasons cited by prison authorities for rejecting the application were stereotypical and thus, it wasn’t convinced that the petitioner would not return to prison after furlough.
According to the authorities, if the petitioner was released, there was a possibility of violence against him and also of disturbance of law and order.
“These reasons do not make any reference to any particular or specific instance on the basis of which one can make a conclusion that the petitioner may face violence out of public outrage that is still going on against him or that there would be possibility of disturbance of law and order,” the Court explained.
Considering that the Court itself had allowed a similar plea by the petitioner four years ago under similar circumstances, it took the view that the petition deserved to the allowed.
Source: Barandbench
