ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Applying for Furlough in Maharashtra

Against the backdrop of the Government of Maharashtra’s amendment to narrow down the circumstances under which prisoners can apply for furlough, this article focuses on the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959 and outlines three problematic aspects of the amendment

The author is grateful to Priyank Kapadia for his help with locating some of the primary resources for this article.Arushi Garg (arushi.garg@magd.ox.ac.uk) is reading for a DPhil in Law at the Centre for Criminology, University of Oxford.

As per the notification issued by the home department on 26 August 2016,1 the Government of Maharashtra has amended the Prisons (Bombay Furlough and Parole) Rules, 1959 to narrow down the circumstances under which prisoners can apply for furlough. This development is reported to have been introduced after Sajjad Moghal, who was convicted of the murder of Mumbai-based journalist, Pallavi Purkayastha, jumped parole in March 2016. He has been absconding ever since (Nandgaonkar 2016). As would be expected of such a knee-jerk response, the amendment is riddled with rules of doubtful constitutional validity. This article focuses on the provisions relating to furlough and outlines three aspects of the amendment that are particularly problematic.

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Updated On : 17th May, 2017

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