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Violent woman’s temporary release on furlough dangerous to society, prisoner’s conduct “insufferable”: Jail authority to HC

The authority was responding to a plea by Seema Gavit, one of the two sisters whose death sentences were commuted to life imprisonment by the High Court in 2022whatsa

Seema GavitThe duo (Seema Gavit and Renuka Shinde) was convicted for kidnapping 13 children, killing some of them and using the others as cover to snatch purses and chains between 1990 and 1996 (Express Archives)

Seeking to dismiss a furlough plea by a woman whose death sentence for kidnapping and killing children was commuted to life sentence, the state prison authority said that her conduct in jail was “absolutely insufferable and violent’ and her release would be dangerous to society at large.

The authority was responding to a plea by Seema Gavit, one of the two sisters whose death sentences were commuted to life imprisonment by the High Court in 2022. Gavit is presently lodged at Yerawada Central Prison in Pune and had sought to be released on furlough for 28 days.

The duo was convicted for kidnapping 13 children, killing some of them and using the others as cover to snatch purses and chains between 1990 and 1996.

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The death sentences of Shinde and Gavit, both from Kolhapur, were confirmed by the Supreme Court in 2006.

The HC, in January, 2022, observing that the state machinery showed “laxity and indifference” in deciding on their mercy pleas, had commuted the death sentences awarded to the two sisters, Renuka Shinde and Gavit, to life imprisonment.

On Tuesday, Swati Sathe, Deputy Inspector General of Prison, Western Region filed an affidavit in response to Gavit’s plea. The affidavit stated that as per reports received from police, it cannot be ruled out that the petitioner will not pose a threat to relatives of the complainant and witnesses in the case and as she does not have a permanent place of residence, Gavit shall not be released on furlough.

Moreover, the authority concluded that it will not be appropriate to grant furlough to the petitioner “considering the seriousness of the crime and the gruesome acts committed by her”.

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The affidavit further stated, “The conduct of the petitioner/prisoner in Yerwada Central Prison, Pune is absolutely insufferable and violent. She has refused to stay in a separate cell. The prisoner also shouted and threatened that she will cause injury to her body and will commit suicide. The prisoner also damaged the toilet pot and the small wall around the toilet and tried to cause injury to her body.”

The jail authority had registered a complaint under Indian Penal Code (IPC) against her for damages caused, it added.  Due to her “rude and violent acts”, she was transferred to Nagpur central prison and was later moved back to Yerawada prison.

The affidavit claimed that in 2019, Gavit had “rudely misbehaved” and had “given threat to beat co-inmate” and a report of the said behaviour was submitted to higher authorities. Sathe added that Gavit did not regularly attend work allotted to her inside the jail nor follow prison discipline.

“Rude and violent acts of the petitioner/prisoner are continued in Yerawada Central Prison, Pune, and granting furlough leave to such a prisoner will be dangerous to society at large,” it added.

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Hearing a similar furlough plea by Shinde, another HC bench had in December, 2024 noted that the Supreme Court, which had upheld the HC’s 2022 verdict, had directed the accused to undergo life imprisonment without any remission.

The prison authority in its affidavit said that as per Maharashtra Prison (Mumbai Furlough And Parole) Amendment Rules 2018, furlough period shall be counted as a remission of sentence and if the same is granted to the petitioner, it will be in contempt of a Supreme Court order, therefore Gavit’s plea must be dismissed.

A bench of Justices Revati Mohite-Dere and Neela K Gokhale will hear the plea after two weeks.

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