MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MAKHAN Singh and Jarnail Singh-petitioners were convicted and sentenced by the designated Court, Sangrur on April 19, 1998 in case FIR No. 17 dated 11.3.1992 registered under Sections 382/307 IPC read with Section 5 of the Terrorist and Disruptive Activities Act (in short 'TADA') and Sections 25/54/59 Arms Act, P.S. Longowal.

(2.) SUKHDEV Singh, father of Makhan Singh-petitioner No. 1 moved an application before the Superintendent District Jail, Nabha on May 8, 1999 for the release of his son on parole, enabling him to arrange for the eye operation of his 4 year old son, who is suffering from an eye injury. Copy of the application is Annexure P/2 and copy of the certificate issued by the doctor is Annexure P/1. Similarly, an application Annexure P/3 was moved by Manjit Kaur, wife of Jarnail Singh-petitioner No. 2 that she is required to be operated upon for some malgrowth in the pelvic region. She is the only lady in the house, therefore, her husband may be released on parole enabling him to take care of her. The certificate issued by the Medical Officer is Annexure P/4 whereby Manjit Kaur has been advised surgery - USG for pelvic region. The applications moved by the father of Makhan Singh, Annexure P/2 and wife of Jarnail Singh, Annexure P/3 were declined vide orders Annexures P/6 and P/7 mainly on the ground that there is apprehension of breach of peace as per the inquiry conducted by the District Magistrate and Senior Superintendent of Police. The petitioners have, therefore, filed this petition under Section 482 of the Code of Criminal Procedure for quashing the orders Annexure P/6 and P/7 and directing release of the petitioners for six weeks medical parole under Section 3(1)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as 'the Act')

(3.) I have heard Mr. Navkiran Singh, Advocate, for the petitioners and Mr. I.P.S. Sidhu, A.A.G. for the State of Punjab.