VALLABH RAMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Vallabh Ramji a concivt 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 Session 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 months 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 toll-tale facts and circumstances highlighted above his first furlough leave which fell due in the month of June 1992 and applied for on 1 has been rejected by the I.G. Prisons Ahmedabad on the sole ground of adverse police opinion

(3.) Mrs. S.G. Patel learned advocate for the petitioner while challenging the impugned order has raised the following two contentions: [i] That taking into consideration the self-evident clean conduct of the petitioner as stated above in para-2 of this judgment the refusal of first rightful furlough on the ground of adverse police opinionon face of it demonstrates total unreasonableness and perversity. [ii] That despite the fact that petitioner has a right to-be furnished with a copy of the impugned order passed against him the same has not been supplied to him which is illegal and unjust.