If at fault, send Sanjay Dutt back to jail: Maha govt

"How did authorities grant, parole and furlough leave concurrently, within two months of actor Sanjay Dutt surrendering himself as convict in the 1993 Serial Bomb Blast case? Is this the practice normally adopted by them?" the Bombay High Court on Thursday questioned the Maharashtra government.

A division bench of justices RM Sawant and Sadhana Jadhav made this observation after going through a report filed by the government on the previous date of hearing. As per the report, on 16 May 2013, and in July, Dutt moved applications for parole leave on grounds that his wife was unwell and later for furlough leave, claiming his daughter was ill.

The Bench said, "We are not nitpicking in the case of Dutt, but want the process to be streamlined". The court has asked the state to explain, within two weeks, the criteria which decided Dutt's good conduct.

Dutt earned a total of 256 days of remission, which comes to eight months and 16 days. "If you see the date of surrender and applications for leave, it is surprising the jail authorities had a chance to assess his good conduct," the Bench said.

Advocate General Ashutosh Kumbhakoni, appearing for the government, explained the term parole leave – and relying on material sourced online – argued that it was to be given to a reforming convict. He also said that no special treatment was given to the convict, but if the court feels that extra days were granted, then it can send him (Dutt) back to prison for serving the remaining sentence.

The Court reminded the government that furlough leave is a convict's right while parole leave is incidental. "We are worried that this should not become a precedent," it said.