Dutt is slated to walk out of Yerawada prison near Pune on February 25 after getting remission (reduction) of sentence. According to the Maharashtra Home Department, he was given remission on account of the good conduct.
"Like any other citizen, Dutt is also entitled to these concessions," said Pramod Kode, who retired as a judge of the Bombay High Court.
Dutt was granted concessions not because he is a celebrity but as per the rules, Kode said.
The frequent parole or furlough availed by Dutt had come in for criticism.
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Dutt also has the right to carry out his duties towards his family within the legal parameters, Kode told PTI.
The former judge said he wasn't aware about Dutt's conduct in the prison. "But I feel his conduct must have been good, otherwise the jail authorities would not have granted him such concessions," he said.
Kode had convicted 100 accused in the blasts case, 12 of whom were awarded death penalty (the Supreme Court eventually upheld the death only for Yakub Memon).
Dutt was sentenced to six years for illegal possession and destruction of an AK-56 rifle. The term was later reduced to five years by the Supreme Court. The rifle was a part of the cache of weapons and explosives smuggled into India by the blasts conspirators.