The high court also sought to know how is the good conduct and behaviour of a convict ascertained, and on what basis and criteria the actor was granted early remission.
A division bench of Justices R M Savant and Sadhana Jadhav noted that Dutt surrendered in May 2013 and in July he filed applications seeking to be released on furlough and parole.
"How did the jail authorities ascertain good behaviour and conduct within two months of the convict surrendering? Normally the superintendent of jail would not even forward the applications. The authorities would throw out the application," Justice Jadhav said.
Advocate General Ashutosh Kumbakoni told the court that Dutt was not given any preferential treatment, but if the court feels and comes to the conclusion that the state government has erred in granting him early remission, it can direct Dutt to go back to jail.
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"We only want to know on what basis and criteria he (Dutt) was granted early remission on good conduct? How is this good conduct and behaviour ascertained? Our conscience has to be satisfied that all this was done in accordance with law," the judge said.
The high court said it has observed that in several cases furlough and parole are not given even when the mother or father of the convict is on death bed.
The bench has directed the Maharashtra government to file a detailed affidavit within two weeks.
The court was hearing a public interest litigation filed by city resident Pradeep Bhalekar, questioning the regular paroles and furloughs granted to Dutt when he was serving his sentence.
In his petition, Bhalekar alleged Dutt was given undue favour by the prisons department by granting him remission.
The government had said Dutt was granted remission on account of his "good behaviour, discipline and participation in various institutional activities such as physical training, educational programmes and for performing the allotted work."
"The Maharashtra Prisons (Remission System) Rules provide for remission of up to three days per month for good behaviour, discipline and so on. In the present matter at hand, as per the rules, the accused (Dutt) is entitled for 256 days remission which comes to eight months and 16 days," the report said.
On July 31, 2007 the TADA court in Mumbai sentenced him to six years rigorous imprisonment under the Arms Act and imposed a fine of Rs 25,000.
In 2013, the Supreme Court upheld the ruling but reduced the sentence to five years following which he surrendered to serve the remainder of his sentence.
During his imprisonment, he was granted parole of 90 days in December 2013 and again for 30 days later.