ZEESHAN ABDUL MALIK KHOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed seeking the following substantive reliefs :

(2.) The petitioner is the brother of the convict, namely, Farhan Abdul Malik Khot, who is presently lodged in Kolhapur Central Prison, Kalamba, Kolhapur. The petition challenges the order passed by Respondent No.4 - Inspector General of Prisons, State of Maharashtra, Pune dated 10th December, 2019 rejecting the furlough appeal filed by the brother of the petitioner. The convict was arrested on 1st May, 2003 and was sentenced to suffer R.I. for life under sections 4(b) of Prevention of Terrorism Act; 5(a) and 4(b) of the Explosive Substances Act by the learned Special Judge, POTA, Mumbai in POTA Special Case No.2 of 2003 vide judgment and order dated 6th April, 2016.

(3.) The convict had filed an application for furlough leave, which was rejected by Respondent No.3 - Deputy Inspector General of Prisons, Western Region, Yerawada, Pune vide order dated 13th June, 2019, on the basis of the adverse report submitted by Respondent No.2 - the Superintendent, Kolhapur Central Prison, Kalamba, Kolhapur. The convict preferred an appeal against the said order dated 13th June, 2019 before Respondent No.4 - Inspector General of Prisons, State of Maharashtra, Pune. Respondent No.4 vide his order dated 10th December, 2019 dismissed the appeal and confirmed the order dated 13th June, 2019. Thereafter, the convict had preferred Writ Petition No.6447 of 2019 before this Court. This Court vide its order dated 26th February, 2020 partly allowed the petition by directing Respondent No.3 to examine the contention of the petitioner that he was sentenced under POTA for 10 years and he had already completed that period and thereafter pass fresh orders on his application for furlough leave within six weeks from the date of communication of the said order. Pursuant to the said direction, Respondent No.3 passed a fresh order dated 14th March, 2020 and rejected the application of the convict for furlough leave. Being aggrieved with the said order dated 14th March, 2020, the petitioner has preferred this Petition.