The Extradition Treaty between the Republic of India and the Republic of Mauritius was signed at New Delhi on 21st November, 2003; and the exchange of the Instrument of Ratification of the Treaty took place at Port Louis on 23rd June, 2008. On 19th April, 1993, when Sanjay Dutt was returning after shooting for “Aatish” in Mauritius – there was no Treaty thus. It might be Sanjay Dutt’s karma that life has awarded him small mercies. After all, he showed great courage in coming from that shoot, straight into the hands of the laws of this country. Very few would have credited him for that rare courage.
Administrative mercy has indeed found Baba fleet in and out of jail. But that has little to do with his star status. As has been succinctly described in Amit v. State of Maharashtra [2014 ALL MR (Cri) 213], “it is a matter of anxiety” that the Prisons (Bombay Furlough and Parole) Rules, 1959 (the “Rules”) itself “allows a prisoner to remain outside the jail for a total period of 105 days out of 365 days in a year”. The Rules afford the possibility of 90 days of parole. And furlough, of course, is a legal right and whenever the prisoner puts in a requisite number of days in the prison, his entitlement for release on furlough accrues. In Gajanan Babulal v. The State of Maharashtra, [2014 (2) Bom CR (Cri) 544] the constitutional validity of the Rules has been upheld, in fact. Hon’ble Justice V.R. Krishna Iyer had said once, “the court must not rush in where the jailor fears to tread. While the country may not make the prison boss the sole sadistic arbiter of incarcerated humans, the community may be in no mood to hand over central prisons to be run by courts. Each instrumentality must function within its province (See, Sobhraj, AIR 1978 SC 1514). Instead of enquiring into the details of Sanjay Dutt’s incarceration too much or putting an unnecessary foot in the door, maybe we should let him be for a change. And attack the Rules if we have to.
My best wishes. I hope to see you done with all of this, one day.
Prisoner No. 16656