New Delhi, Oct 1 (PTI) The Gujarat government on Friday told the Supreme Court that rape convict Narayan Sai, son of self-styled godman Asaram Bapu, cannot be granted furlough as he was involved in criminal activities inside the jail.

The state government said that Sai has sought furlough on the ground that he needs to take care of his father Asaram Bapu, who had earlier suffered COVID-19 and was admitted to hospital but he is now back in jail after the treatment.

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Both Narayan Sai and his father are convicted for rape in separate cases and are sentenced to a life sentence.

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A bench of Justices DY Chandrachud and BV Nagarathna reserved its verdict on the plea of the Gujarat government challenging the High Court order granting a two-week furlough to Sai.

Solicitor General Tushar Mehta, appearing for the Gujarat government, said that Sai has tried to bribe police and health officials, and was found using a cell phone inside the jail.

Further, he said that several prime witnesses in his cases were attacked and killed during the trial in the rape case.

“He was already granted interim bail in the month of January this year to take care of his ailing mother and then thereafter he was again granted furlough by the High Court. He was involved in criminal activities even when he was lodged in jail,” Mehta said.

He urged the court to set aside the order of the High Court granting a two-week furlough to Sai saying it is not a matter of absolute right for the convict.

Mehta said that he is not pressing the wider question of law at this point whether the rules allow the annual furlough as per the calendar year or from 12 months after the last one was granted to a prisoner.

Advocate Sanjiv Punalekar, appearing for Sai, said that as per Bombay Furlough and Parole Rules, 1959, which is applicable in Gujarat, for parole there has to be an emergency reason like death in the family or anything else but for furlough, one need not give any reason, as it is meant for the prisoner to maintain his roots in society.

Punalekar said that all the activities of Sai which are being contended by the Solicitor General have been considered by the High Court and thereafter was granted furlough.

He said that this is the second furlough granted to Sai and when he was first granted furlough, he had shown exemplary behaviour and followed all the conditions.

The bench said it would pass orders on the plea and reserved its verdict.

On August 12, the top court had stayed the Gujarat High Court order giving two-week furlough to Sai.

The top court had issued a notice to Sai on the Gujarat government's plea challenging the high court's single-judge order of June 24 and stayed it till further orders.

It had said that the proviso to Rule 3(2) of the Bombay Furlough and Parole Rules 1959, provides that a prisoner sentenced to life imprisonment may be released on furlough “every year”, after he completes seven years actual imprisonment.

The single-judge bench of the High Court ordered the release of Sai on furlough for two weeks on June 24, 2021, but the division bench had stayed it till August 13 and therefore the state has moved the top court challenging the June 24 order.

The state government has contended that under the rules and even in a judgement of this court, it has been held that furlough is not an absolute right and it depends on various factors.

It had said Sai and his father were arrested for offences under rape charges and they wield considerable influence with money and muscle power.

On April 26, 2019, Sai was convicted under the Indian Penal Code sections 376 (rape), 377 (unnatural offences), 323 (assault), 506-2 (criminal intimidation), and 120-B (conspiracy) by a Surat court and sentenced to life imprisonment.

In 2013, after Asaram was arrested for allegedly raping a girl in Rajasthan, two Surat-based sisters had accused Asaram and his son of sexual exploitation.

The elder sister had accused Asaram of sexual assaults between 1997 and 2006 when she lived at his Ahmedabad ashram.

The younger sister had accused the godman's son of sexual assaults when she lived at Asaram's ashram in the Jahangirpura area of Surat between 2002 and 2005.

The incidents of multiple sexual assaults and unnatural sex with the victim had taken place between 2002 and 2005, but the case against Sai had been filed only in 2013.

Sai was arrested from the Delhi-Haryana border in December 2013.

When Sai was in jail, Surat police had claimed to have unearthed elaborate plans to bribe police officers, doctors, and even judicial officers to weaken the case against him.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)