Supreme Court Denies Furlough to Convicted Godman in Sexual Assault Case image for SC Judgment dated 20-10-2021 in the case of State of Gujarat & Anr. vs Narayan Sai @ Mota Bhagwan Asa
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Supreme Court Denies Furlough to Convicted Godman in Sexual Assault Case

The case of State of Gujarat & Anr. vs. Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani is a significant ruling concerning the rejection of furlough leave to a convicted individual serving a life sentence for multiple criminal offenses. The Supreme Court of India examined whether the Gujarat High Court was justified in granting furlough to the respondent, a self-proclaimed godman convicted of rape and other serious offenses.

The Supreme Court overturned the High Court’s decision, citing concerns about public safety, threats to witnesses, and the criminal history of the convict. This case highlights the balance courts must strike between the rights of prisoners and public interest when considering temporary releases from incarceration.

Background of the Case

Narayan Sai, also known as Mota Bhagwan Asaram, was convicted for multiple offenses, including:

  • Section 376(2)(c) IPC (Rape): Life imprisonment and a fine of Rs. 1,00,000.
  • Section 377 IPC (Unnatural Offenses): Life imprisonment and a fine of Rs. 1,00,000.
  • Section 354 IPC (Assault or Criminal Force to a Woman with Intent to Outrage Her Modesty): Three years’ rigorous imprisonment.
  • Section 504 IPC (Intentional Insult with Intent to Provoke Breach of Peace): One-year rigorous imprisonment.
  • Section 506(2) IPC (Criminal Intimidation): Three years’ rigorous imprisonment.
  • Section 508 IPC (Act Causing a Person to Believe Themselves Divinely Ordained): One-year rigorous imprisonment.
  • Section 323 IPC (Voluntarily Causing Hurt): Six months’ rigorous imprisonment.

All sentences were ordered to run concurrently, and the court directed him to pay Rs. 5,00,000 as compensation to the survivor.

Legal Proceedings and Furlough Request

Furlough is a temporary release granted to prisoners for reintegration into society and maintaining family ties. The respondent had previously been granted furlough on multiple occasions:

  • Three weeks of temporary bail in April 2015.
  • Two days of temporary bail in February 2019.
  • Fourteen days of furlough in December 2020.
  • Temporary bail from January 31, 2021, to February 3, 2021, due to his mother’s ill health.

In March 2021, he applied for furlough again, but the Gujarat Jail Authorities rejected his application on May 8, 2021, citing security concerns.

Arguments Before the Supreme Court

State of Gujarat’s Arguments (Appellant)

  • The Jail Superintendent had given a negative opinion, stating that the respondent engaged in illegal activities inside the jail, including possessing a mobile phone.
  • The police cited multiple past incidents involving the respondent’s followers, including attacks on witnesses, bribery attempts, and death threats to investigators.
  • There was a serious risk of witness intimidation if the respondent were released.
  • Under the Bombay Furlough and Parole Rules, furlough is not a legal right but a discretionary benefit.
  • The High Court had failed to consider the security threats posed by the respondent.

Respondent’s Arguments (Narayan Sai)

  • His father, Asaram Bapu, was critically ill, and he needed furlough to take care of him.
  • He had been granted furlough earlier, and no untoward incidents had occurred during his release.
  • There was no direct evidence linking him to the threats or attacks on witnesses.
  • Furlough is granted periodically as a right to maintain family connections.

Supreme Court’s Ruling

The Supreme Court overturned the High Court’s order and denied furlough to the respondent, emphasizing the following:

  • The Bombay Furlough and Parole Rules do not grant an absolute right to furlough.
  • The respondent’s criminal background and history of threatening witnesses raised serious public safety concerns.
  • Witnesses in the trial had already been attacked, and releasing the respondent posed a direct risk to their safety.
  • Possession of a mobile phone in jail indicated that the respondent was still engaged in criminal activities.
  • The grant of furlough must be balanced against the risk of law and order disturbances.

Conclusion

The Supreme Court’s judgment reinforces that furlough is not an entitlement, especially for high-risk prisoners with a history of influencing trials and threatening witnesses. This ruling underscores the judiciary’s responsibility in ensuring that justice is not compromised by allowing temporary releases that might endanger public safety.

Read also: https://judgmentlibrary.com/supreme-court-rules-on-abatement-of-criminal-appeals-due-to-death-of-accused/

By denying the respondent’s request, the court prioritized the security of witnesses, the integrity of the judicial process, and the greater public interest over individual prisoner rights.


Petitioner Name: State of Gujarat & Anr..
Respondent Name: Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani.
Judgment By: Justice Dhananjaya Y. Chandrachud, Justice B. V. Nagarathna.
Place Of Incident: Gujarat, India.
Judgment Date: 20-10-2021.

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