UMESH GUPTA Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) The petitioner, who is presently lodged in Model Jail, Chandigarh and undergoing imprisonment for life, has filed the instant petition for quashing the impugned order dated 17.6.2010 (Annexure P1) whereby his prayer for grant of 28 days parole to take care of his ailing parents has been rejected.

(2.) It has been alleged that on the prayer made by the petitioner for temporary release on parole, Superintendent, Model Jail, Burail, Chandigarh recommended his case to the District Magistrate, Chandigarh, who called for the report of local police. It has been further alleged that the local police without verifying the factual position, prepared false and illegal report to the effect that the parents of the petitioner are having no permanent address at Chandigarh. On the basis of the said report, Inspector General of Prisons, UT, Chandigarh, without application of his mind, rejected the parole case of the petitioner vide impugned order.

(3.) Learned counsel for the petitioner submits that the parents of the petitioner along with their family are residing permanently in Chandigarh for the last about 30 years. Learned counsel further submits that the petitioner was having sufficient proof duly issued by the competent authorities of Chandigarh Administration showing that he along with his parents is residing permanently at Chandigarh. In this regard, the petitioner has annexed the documents Annexures P-2 to P-5 with the petition. However, the same was not asked for by the respondent authorities. Learned counsel further submits that the respondent authorities have arbitrarily rejected the parole case of the petitioner without proper application of mind and hence the same is liable to be quashed.