In a significant ruling, the Bombay High Court has overturned the Goa state government's decision to deny the premature release of Rohan Dhungat, who is serving a life term for the 2006 kidnapping and murder of fellow law student Mandar Surlakar. The court has mandated the government to make a fresh decision on his release plea within a strict two-week timeframe.
Court Slams Government's "Erroneous" Approach
The division bench, comprising Justices Sarang V Kotwal and Ashish S Chavan, strongly criticized the state government's stance. The judges stated that the government's approach in rejecting the release was "erroneous and unjustified." The court found that the authorities had completely disregarded the comprehensive recommendation made by the state sentence review board, which had strongly advocated for Dhungat's premature release.
Review Board's Unanimous Recommendation Ignored
The high court detailed the factors considered by the sentence review board, which led to its unanimous recommendation. The board had taken into account several critical aspects of Dhungat's case:
- His tender age at the time of arrest and the crime.
- The actual number of years he has already spent in prison.
- The fact that he was granted parole or furlough on 24 separate occasions without any adverse reports.
- Positive reports on his social history, conduct in prison, response to training, and overall attitude and character.
- A crucial assessment of the chance of the crime being repeated in the future.
The court noted that the district magistrate, the probation officer, and the Inspector General of Prisons had all supported his release. "All this exercise was totally ignored by the state government while passing the impugned order," the bench observed.
Background of the 2006 Murder Case
The case dates back to 2006, when 17-year-old Mandar Surlakar was kidnapped and murdered. Rohan Dhungat, along with other convicts, were all third-year law college students at the time of the crime. Another convict, Shankat Tiwari, was also involved. The Bombay High Court had upheld the life sentences for all convicts in this case back in 2019.
The court's latest order now binds the Goa government to reconsider the application for premature release solely based on the review board's recommendation and to issue a new order within the next fortnight. This directive underscores the judicial emphasis on rehabilitation and the careful, reasoned application of penal policy.
