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A-_ Y s-26 HIGH COURT OF DELHI w.P.(cRL) 308/2011
ANINDO GHOSH
STATE..... Petitioner
Through Mr. Anup Bhambhani, Ms. Nisha Bhambhani, Advs.
VEISUS..... Respondent
Through Mr. Saleem Ahmed, ASC for State.
ANINDO GHOSH
STATE..... Petitioner
Through Mr. Anup Bhambhani, Ms. Nisha Bhambhani, Advs.
VEISUS..... Respondent
Through Mr. Saleem Ahmed, ASC for State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
10.08.2011 By this petition the Petitioner has sought necessary directions directing the DSP and SSP Patna, Bihar to furnish proper verification report with regard to the request/ application fol grant of furlough and future report to be made qua the Petitioner. The grievance of the Petitioner is that the report of the DSP and SSP Patna which states that it cannot be denied that convict Anindo Ghosh @ Ghoshda will not be involved in any incident during the period of furlough, has been treated as adverse report.
I have heard learned counsel for the parties. This Court in petition under Article 226 of the Constitution cannot direct furnishing a particular kind of report qua an individual. Whatever was the report furnished, w.P.(cRL) 308/2011
2011:DHC:18829 f -l? C^ it was for the competent authority to have considered the same.
As regards re-consideration of the request for furlough is concerned, I am informed by the Learned Additional Standing Counsel that since six months have already elapsed frorn the rejection of the earlier furlough application, the Petitioner can re-apply for grant of furlough.
It is therefore directed that on an application made for grant of furlough by the Petitioner, the competent authority would consider the same in accordance with law.
Petition is disposed of.
Copy of the order be communicated to the Petitioner through
Superintendent Tihar Jail.
4'{=L / MUrtA GUPTA,J AUGUST 10, 2011 oga' w.P.(cRL) 308/2011 page 2 of2
2011:DHC:18829
10.08.2011 By this petition the Petitioner has sought necessary directions directing the DSP and SSP Patna, Bihar to furnish proper verification report with regard to the request/ application fol grant of furlough and future report to be made qua the Petitioner. The grievance of the Petitioner is that the report of the DSP and SSP Patna which states that it cannot be denied that convict Anindo Ghosh @ Ghoshda will not be involved in any incident during the period of furlough, has been treated as adverse report.
I have heard learned counsel for the parties. This Court in petition under Article 226 of the Constitution cannot direct furnishing a particular kind of report qua an individual. Whatever was the report furnished, w.P.(cRL) 308/2011
2011:DHC:18829 f -l? C^ it was for the competent authority to have considered the same.
As regards re-consideration of the request for furlough is concerned, I am informed by the Learned Additional Standing Counsel that since six months have already elapsed frorn the rejection of the earlier furlough application, the Petitioner can re-apply for grant of furlough.
It is therefore directed that on an application made for grant of furlough by the Petitioner, the competent authority would consider the same in accordance with law.
Petition is disposed of.
Copy of the order be communicated to the Petitioner through
Superintendent Tihar Jail.
4'{=L / MUrtA GUPTA,J AUGUST 10, 2011 oga' w.P.(cRL) 308/2011 page 2 of2
2011:DHC:18829
JUDGMENT