ParoleFurloughSupreme Court of India

Dhananjay Chatterjee v State of WB

(1994) 2 Supreme Court Cases 22019941 min read
The case in brief30-second read
Facts
Dhananjay Chatterjee was convicted of rape and murder and sentenced to death. He applied for parole/furlough. The question of whether parole is a right or privilege arose.
Issue
Whether parole/furlough is a right of the prisoner or a privilege granted at executive discretion.
Held
Parole/furlough is a privilege, not a right.
Principle
Parole/furlough is a privilege, not a right, granted by the executive based on good conduct and specified grounds. Arbitrary denial is challengeable under Art. 14.
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Facts

  • Dhananjay Chatterjee was convicted of rape and murder and sentenced to death.
  • He applied for parole/furlough.
  • The question of whether parole is a right or privilege arose.

Issue

  1. Whether parole/furlough is a right of the prisoner or a privilege granted at executive discretion.

Held

  • Parole/furlough is a privilege, not a right.
  • It is granted by the executive (State Government/prison authority) based on: good conduct, specified grounds (family emergency, health), and eligibility criteria.
  • The State's rules prescribe criteria; the prisoner must satisfy them.
  • However, arbitrary denial without reason is challengeable under Art. 14.
  • The discretion must be exercised reasonably and not capriciously.

Ratio decidendi

While no prisoner has an enforceable right to early release, the State cannot exercise the discretion to grant or deny parole arbitrarily. Where rules prescribe eligibility and the prisoner meets the criteria, denial must be based on reasonable grounds. Art. 14 applies even within prisons.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: "Parole = privilege, not right. But arbitrary denial reviewable."
  • Key line for exam: "Parole is not a matter of right but a privilege. However, arbitrary denial may be challenged under Art. 14."

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Citation

Dhananjay Chatterjee v. State of WB (1994) 2 Supreme Court Cases 220

Reported: SCC. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.