The Maharashtra government’s stand at the Bombay High Court in actor Sanjay Dutt’s case is, to put it mildly, unusual. Advocate General Ashutosh Kumbhakoni had stated that the state didn’t flout any norms while granting remissions to the actor, but if the court disagrees, the government is willing to send Dutt back to prison.

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The PIL filed by activist Pradeep Bhalekar has its origin in the popular perception that the film star got away easily because he was given frequent paroles.

The point is, even if the state government had adhered to laws in Dutt’s case, has it shown the same generosity to other prisoners housed in the same jail? The law, in letter and spirit, shouldn’t make any distinction between the rich and poor.

In reality, the situation is slightly different. More often than not, people with financial means hire famous lawyers to secure bail. At the same time, thousands of undertrials lodged in Indian prisons for petty crimes languish behind bars because they do not have access to resources. The government should lay down clear procedures for granting paroles and furloughs and should not leave anything to discretion since it may lead to discrimination against the poor.

A transparent system should benefit all. What the authorities also need to exercise is compassion. The man with limited means is perhaps more worthy of generosity than the one who can spend lakhs to secure an early release.