The Bombay High Court recently criticized the Superintendent of Harsul Central Prison for refusing to release a convict on furlough citing the Model Code of Conduct (MCC) during the ongoing Lok Sabha Elections in the case of Ganesh Bhaurao Ghatol vs State of Maharashtra.
A division bench comprising Justice Mangesh S Patil and Justice Shailesh P Brahme noted that the petitioner, Ganesh Bhaurao Ghatol, had been granted furlough for 28 days by the DIG Prison just five days before the MCC came into effect.
However, the Jail Superintendent, after communicating with the SDPO of Itwara in Nanded, refused to release Ghatol, who is serving a life sentence.
In its order dated May 6, the Court stated that it was not informed of any rule that would allow the jail superintendent to overturn the decision of the DIG (Prison).
The bench emphasized that once a competent authority passes an order granting furlough, any attempt by a subordinate like the Superintendent of Central Prison, Harsul, to delay or defy this order due to the MCC is grossly erroneous and amounts to dereliction of duty.
The Court criticized the jail superintendent for not communicating with the DIG about the changed situation despite wanting to act cautiously due to the MCC.
The Court condemned the jail superintendent’s conduct and ordered the immediate release of the convict.
Furthermore, the court directed the officer to justify his actions.
On May 10, the jail superintendent explained to the Court that the DIG (Prison) had issued a communication in July 2019, stating that even for prisoners granted furlough, it must be ensured before their release that they would not breach the Model Code of Conduct.
Following this explanation, Ghatol’s petition was disposed of by the Court.
