Dera Sacha Sauda chief Gurmeet Ram Rahim Singh was once again released from prison on a 21-day furlough.
Furlough
Furlough means granting leave of absence for a specified period of time to a convict from prison.
It is a conditional release which tries to strike a balance between the rights of the criminal and society and is granted as good conduct remission.
Offenders are required to abide by the conditions of the order granting parole or furlough, which may include going to the local police station on a regular basis.Period of furlough granted to a prisoner is treated as remission of his sentence.
Granted by the Deputy Inspector General of Prisons.
It is seen as a matter of right for prisoners.
A type of leave from prison granted 14 days a year but may be extended for specific reasons.
It is a reward and remission of the sentence but disallowed for specific categories of prisoners, such as rape convicts, dacoity, or NDPS (Narcotic Drugs and Psychotropic Substances).
Rules/Guidelines:
Every State has formulated its own set of rules/guidelines for getting furlough. While rules/guidelines of various States remain more or less the same in spirit, it is only the procedure for obtaining furlough which varies from State to State.
The right to furlough cannot be denied if permissible under law.
Eligibility: It is generally less about rehabilitation and more about addressing immediate personal needs.
Conditions:
Furloughs are typically granted for a short duration and under strict conditions and is allowed usually in the case of long-term detention.
The prisoner must return to the prison after the furlough period ends.
Can also be denied in the interest of society.
Judicial Pronouncements:
Gujarat High Court: Furlough may be denied if it hampers the convict's reform or poses a societal danger.
Delhi High Court: Seriousness of the offense cannot solely determine denial; extra caution and reasons for granting furlough must be documented.
Parole
Parole is the conditional release of a prisoner before the end of their sentence. The prisoner, who has been deemed to have rehabilitated or shown good behavior, is released under specific conditions and supervision.
It is not a right.
Granted at the request of the prisoner and can be denied.
Granted by the Divisional Commissioner.
Purpose: Provides relief to prisoners in certain exigencies:
Death or serious illness of a family member.
Marriage of the prisoner or close relatives (son, daughter, etc.).
Agricultural needs (ploughing, sowing, harvesting) related to land possession.
Any other sufficient cause.
Supervision: Parolees are supervised by parole officers, who ensure compliance with the conditions of release.
Eligibility: Granted after a portion of the sentence is served.
Conditions:
Must comply with parole conditions; failure to do so can lead to re-imprisonment.
Various State Governments have formulated guidelines for granting parole, aiming for objective decision-making.
Types of Parole:
Custody Parole: For emergent circumstances (e.g., death or serious illness in the family, Marriage of a family member etc.).
Regular Parole: For ongoing issues or significant events (e.g., Delivery of a child by the wife of the convict if there is no other family member; to take care of the spouse at the time, Serious damage to life or property of the family, To pursue the filing a of special leave petition etc.).
Parole is a conditional release from prison before the end of a sentence, focused on reintegration and rehabilitation, with ongoing supervision. Furlough is a temporary leave from prison for specific reasons, usually with a defined return date and less emphasis on rehabilitation.
