"According to provisions in Maharashtra Prison Manual, prisoners are released on furlough and parole after completion of conditions laid down by the sanctioning authority. However, no preference was given to sanction furlough or parole leave to convict Sanjay Dutt," said Umaji Tolaram Pawar, Superintendent of Yerwada Prison in Pune, in an affidavit.
Dutt was released in February, nearly 103 days ahead of the end of his full prison term.
The PIL is slated to come up for hearing before a bench headed by Justice V M Kanade next week, petitioner's lawyer Nitin Satpute told PTI.
"What is the good behaviour and conduct that has been held as a ground for granting Dutt remission and reducing his sentence? What about the other convicts especially in petty offences who are rotting in jail. They have also filed applications seeking remission but there has been no order on those," the petition argued.
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During Dutt's imprisonment, he was granted parole of 90
days in December 2013 and again for 30 days later.
According to a government notification, parole leave of 30 days can be extended by a further period of 30 days, the affidavit said.
He was also granted furlough leave for two weeks from October 1, 2013 which was extended by another two weeks. Again he was sanctioned furlough leave for two weeks from December 24, 2014. However, this time he surrendered late on January 10, 2015, by overstaying two days, as per the affidavit.
The proposed prison punishment to Dutt as he had breached the conditions of furlough leave by not surrendering in time and overstaying by two days. The proposal was sent to Home Department of Maharashtra government which quashed it and granted two days extension of furlough leave to Dutt which he had overstayed, the affidavit further said.