CENTRAL PRISON, AHMEDABAD Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Vallabh Ramji, a convict prisoner undergoing life sentence in Central Prisons, Ahmedabad, has by this writ petition under Articles 226 and 227 of the Constitution, moved this court for getting himself released on first furlough challenging the impugned order dated 1-10-1992, passed by the Inspector General of Prisons, Ahmedabad, rejecting the same on the ground of 'adverse police opinion'.

(2.) Few relevant facts'.-According to the petitioner for the alleged offence punishable under Section 302 of IPC, he came to be convicted and sentenced to suffer RI for life by the learned Sessions Judge, Junagadh, by the judgment and order dated 22-6-1990, and since then, he is in jail for more than five years, including the period undergone as an under-trial prisoner. That by this time, he has enjoyed in all five month's parole leave and that all the time had surrendered in time to the jail authorities. Not only that, but despite being out of the jail for number of days together, not a single untoward incident has been reported against him. Further still, there is nothing on the jail record to show that his conduct in jail was not satisfactory Thus, despite this tell-tale facts and circumstances highlighted above, his first furlough leave which fell due in the month of June, 1992 and applied for on 1-10-1992, has been rejected by the I.G Prisons, Ahmedabad on the sole ground of 'adverse police opinion'.

(3.) Mrs. S.G. Patel, the learned advocate for the petitioner while challenging the impugned order has raised the following two contentions:-