BATUKBHAI RAMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner who is a convict for the offence punishable under Section 302 of the Indian Penal Code has filed this application for releasing him on furlough as the I. G., Prisons has rejected his furlough application by order dated 24-12-1988.

(2.) It is his say that he is convicted for the offence of killing his own sister in heat of anger because she refused to give up her illicit relationship with a Muslim person. It is his further say that he was not having any enemy and since 31/2 years he is in jail and he not enjoyed any parole or furlough.

(3.) On behalf of the I. G., Prisons, affidavit in reply is filed by the Administrative Officer. It is his say that the petitioner's furlough application was rejected by the I. G., Prisons on 20-1-1989 on the basis of adverse police opinion; the petitioner had challenged the said order and as this court has directed the I. G., Prisons to reconsider the petitioner's case the petitioner's case was reconsidered and by a speaking order dated 4-7-1989 his furlough application was rejected by the I.G., Prisons. In the said order, I. G., Prisons has stated that District Superintendent of Police, Bhavnagar has not recommended for furlough on the ground that there is likelihood of breach of peace. He has further stated that it is the function of the police to maintain law and order and, therefore, it would not be in public interest to grant furlough in spite of the adverse police opinion.