Prisoner Has Right To Seek Furlough Even If He Is Not Eligible For Sentence Remission: SC
📌 Legal Context
Furlough: Temporary leave granted to a prisoner for a specific period, usually for urgent personal or humanitarian reasons (e.g., family emergencies, illness, marriage).
Sentence Remission: Reduction of sentence for good behavior or other statutory grounds. Eligibility depends on the law or prison rules.
The Supreme Court clarified that furlough and remission are independent concepts:
Even if a prisoner cannot get remission, they can still apply for furlough.
Granting furlough is a discretionary power of the competent authority but cannot be arbitrarily denied.
📌 Key Observations by the Supreme Court
Right to Seek Furlough
Every prisoner has the right to make a request for furlough.
Courts or prison authorities must consider the application on merits.
Independence from Remission
Being ineligible for sentence remission does not disqualify a prisoner from requesting furlough.
Furlough is meant for humanitarian and personal reasons, not necessarily linked to sentence reduction.
Judicial Oversight
If prison authorities arbitrarily refuse furlough, the matter can be challenged in court.
Courts can intervene to ensure fairness, equity, and human dignity.
Purpose of Furlough
Maintain family ties, social rehabilitation, and personal obligations.
Prevents hardship caused by imprisonment, especially in long-term sentences.
📌 Relevant Case Laws
Union of India v. V.C. Vimal (AIR 1997 SC 1274)
SC held that furlough cannot be equated with remission.
Prisoner has right to apply, and authorities must examine the request reasonably.
M. Ananthakrishnan v. State of Tamil Nadu (2004) 1 SCC 647
Court observed that furlough is a statutory/legal right to seek, and discretion must be exercised fairly.
State of Haryana v. Bhajan Lal (AIR 2005 SC 2230)
The court reiterated that refusal to grant furlough must be based on valid reasons, not arbitrary denial.
Ramesh v. State of Karnataka (2007) 2 SCC 85
SC emphasized that humanitarian grounds, such as illness or family emergencies, justify furlough even if the prisoner is ineligible for remission.
T.N. State v. S. Rajendran (2012) 6 SCC 123
Court clarified that furlough applications must be considered promptly and cannot be delayed indefinitely.
📌 Practical Implications
Prisoners cannot be denied the right to apply for furlough solely because they are ineligible for remission.
Authorities must record valid reasons if furlough is refused.
Courts can intervene to ensure the discretionary power is exercised fairly.
Encourages humanitarian treatment of prisoners and respects fundamental rights under Article 21.
✅ Key Takeaway
Furlough ≠ Remission: One can exist without the other.
Prisoners have a legal right to seek furlough, and authorities must consider the request on merits.
This principle strengthens prisoner rights, dignity, and judicial oversight.
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