Delhi HC rules convict without permanent address in Delhi can still be granted furlough, highlights reformation, rehabilitation

New Delhi [India], December 5 : The Delhi High Court recently ruled that a convict without a permanent address in the national capital cannot be denied furlough. The Court emphasized that furlough serves as both a reward for good behaviour and a recognition of the convict's reformation, demonstrated by their conduct within the prison.
It provides an opportunity to maintain family and social ties while continuing to serve their sentence outside the prison. This period counts towards the sentence, reflecting the justice system's confidence in the convict's rehabilitation and reintegration into society.
The bench of Justice Swarna Kamta Sharma also said the provision of furlough is subjected to rigid and
mechanical interpretations or even misinterpretations, it risks losing its essence and intended purpose. This welfare-oriented measure for prisoners may fade under the weight of inflexible application by the authorities.
Therefore, in this Court opinion, the Courts must adopt a compassionate approach to ensure that the isolation of prison life does not irreparably harm the mental health of prisoners or derail their rehabilitation. A prisoner's reformation must be given meaningful consideration, and Furlough should be considered as a tool to promote their reintegration into society, said Justice Swarna Kanta Sharma.
The court also noted that there is no specific or general rule in the Delhi Prison Rules requiring a convict to have been previously released on parole or furlough as a prerequisite for the Sentence Review Board to recommend premature release. The Delhi Prison Rules and related guidelines do not prescribe grant of parole or furlough as decisive factors in such decisions. Therefore, the Sentence Review Board's determinations are based on a wider set of considerations, not limited to the convict's history of release on parole or furlough.
The Sentence Review Board is obligated to take into account the social context and socio-economic conditions of prisoners and convicts, including those who lack permanent residence or family support to facilitate Parole or Furlough, noted the bench.