MUMBAI: In a relief for actor Sanjay Dutt, the Bombay high court on Thursday found “no violations or abuse of discretionary powers” in his release from Yerawada prison or in the leaves of parole and furlough granted while he served a five-year term for illegal arms possession. A bench of Justice S C Dharamadhikari and Justice Bharati Dangre observed that a PIL by petitioner Pradeep Bhalekar and his lawyer Nitin Satpute could not substantiate allegations of favouritism.
“We are satisfied with the explanation (given by the state),” the high court said, accepting submissions made by advocate general Ashutosh Kumbhakoni of the state having been impartial.The high court disposed the PIL, which challenged Dutt’s “early release”. The high court said it found nothing contrary in the records submitted by the state home department and the explanation offered by the state.
“Parole and furlough is not a fundamental right. But nonetheless there are rules which place a discretionary power for its grant. And such discretion should not be misused, much less abused,” said the bench, asking departments to coordinate and use technology to avoid delays.
“To eschew all allegations of bias (and) prejudice, we expect prison authorities and revenue officials to work hand-in-hand. We don’t expect them to relax rules totally or bypass them,” said the bench.