Jail Break

Everyone likes a long holiday. And if you are in prison serving a term, a holiday becomes all the more special. Take Sanjay Dutt’s case for instance. After Yerwada jail authorities granted him a furlough for 14 days, the actor wanted it extended for another 14 days. A fortnight perhaps is not enough to spend with family when the furlough period granted on medical grounds coincides with a festival. Without delay his wish of spending some more time with his family has been fulfilled by jail authorities.

Parole and furlough are both conditional release but are given on different grounds. While parole can be granted in case of short term imprisonment, furlough is granted in case of long term imprisonment. Parole is granted by the State Divisional Commissioner and furlough by the Deputy Inspector General of prison. Both are granted on the basis of good conduct shown by the prisoner. However, parole can also be granted for medical reasons, family matters, attending funerals and weddings or for signing a lease or other legal documents. Parole can also be applied for by the convict’s family members. Furlough is denied to the convict sentenced for murders, rapes, abductions, docility and extortion.

Sanjay Dutt is out of jail for medical treatment. He is experiencing pain due to blood clots in his legs. During a media interaction after coming out of jail, Sanjay Dutt said that furlough is every prisoner’s right. His star image and political influence have been speculated by many as the reasons for his furlough.

Saswati Debnath, Sr. Project Officer of Human Rights Law Network (HRLN) says, “Other than prisoner’s personal rapport with the jail authorities, political and other outside pressure matters for speedy furlough and parole.”

Advocate Abha Singh has raised questions on Sanjay Dutt being released on furlough instead of parole.

There is no doubt about a prisoner’s right to parole and furlough, but not all prisoners are as lucky as Sunjay Dutt.

Zabunissa Kazi, a 74 year-old convict in the March 1993 serial blasts case under the TADA Act, has been seeking parole since July this year but has got no response yet. Her lawyer claims Zabunissa is suffering from cancer and is seeking parole on medical grounds.

In another case in 2010, Bhagwan Dass had applied for parole for a 3 month period. The reasons for his appeal were to search for a suitable matrimonial match for his daughter, transfer his son from a private school to a government school and to re-establish social ties with his family and society. His appeal was rejected by the State of National Capital Territory of Delhi in June 2010.  The main reason for rejection of the request was the fact that he had been convicted while in jail in January 2010 and the grounds taken by him for parole were not found covered under the Parole/Furlough guidelines, 2010. Even though Bhagwan had served time in jail for 2 years as an undertrial, his appeal was rejected. It was only after he appealed to the Delhi high court that was he given a month long parole on furnishing a personal bond of Rs 30,000.

Kazi who had applied for parole in July still has no information about the progress of her appeal while in Bhagwan Dass’ case it was only when he appealed in the High Court that he was given parole but it took more than 4 months for him to get parole. In contrast Sanjay Dutt’s furlough took only a few days.

Things do appear to move faster for VIPs. In September 2009, Manu Sharma, son of politician Venod Sharma and currently serving a life term in the Jessica Lal murder case, was granted a 30-day parole to attend to his ailing mother and to take care of his family business which was supposedly suffering in his absence. The parole was subsequently extended for another 30 days. During this period, he was seen partying in clubs  and also got into a brawl. He was again granted parole for his brother’s marriage in 2011 despite him having violated the conditions of his previous parole by visiting discotheques.

Retired IPS officer and social activist Kiran Bedi, in a telephonic conversation told Newslaundry that a prisoner can get parole only if he/she can afford a good lawyer and justify the need for parole.

It seems clear that not being able to afford a good lawyer is a stumbling block in the process of getting parole.

In an Indian Express report, Piyush Mittal, a legal officer working at Tihar Jail, admitted that it’s hard to get parole for inmates. A legal officer is appointed by the government to file applications for bail or parole for prisoners belonging to economically weaker sections. In the report Mittal is quoted as saying, “It is not easy. I have had more than 350 out of 400 of my parole applications rejected. More than 50 per cent of the paroles I have filed have been sent back with no reasons but only the word ‘rejection’ in bold.” He also says that the chances of whether a prisoner gets parole or not depends on his political connections.

Purnima Sethi, a High Court lawyer also recalls the case of a murder convict being denied parole which he had applied for to visit his ailing father. Later, when the convict’s father passed away he was again denied parole. These denials of parole are in sharp contrast to the multiple paroles that were granted in Manu Sharma’s case. Clearly one’s connections and financial standing rather than just one’s eligibility for parole/furlough affect whether or not an application for the same is successful.