HARI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DURING the annual inspection of the courts located in Sessions Division, Bhatinda, M. R. Agnihotri, J. visited the Central Jail, Bhatinda on 29-3-1990 when Hari Singh petitioner handed over the petition to the said Judge complaining that he is undergoing imprisonment for life in the jail and his conduct has been good throughout and that he had by now undergone 8-1/2 years actual sentence but had not availed of any parole or furlough because whenever the jail authorities forwarded his case to the concerned authorities it was rejected on the basis of the report of the local police. This application was forwarded to this Court and treated as criminal writ petition.

(2.) ON notice, Shri Daulat Singh, Chief Welfare Officer on behalf of the Inspector General of Prisons, Punjab had filed an affidavit stating that the petitioner was convicted and sentenced to undergo imprisonment for life by the Sessions Judge, Bhatinda on 27-1-1982 and that the conduct of the prisoner in the jail had been satisfactory throughout. It is further mentioned that the parole/furlough cases of the petitioner were initiated by the replying respondent as and when the petitioner was eligible but the same were declined by the Government on receipt of adverse report from the District authorities, because as per rules report of the District authorities is necessary for grant of first parole or furlough.

(3.) THE perusal of the report dated 21-5-1988 of ASI Sarwan Singh Incharge of Police Post, Jhunir, District Bhatinda reveals that the petitioner had committed the murder of his younger brother besides having caused injuries to Kulwant Kaur, widow of his brother. It is further mentioned that the Panchayat of the village had no objection to the release of the petitioner on parole but Kulwant Kaur and Jit Singh witnesses of the parent case had shown apprehension of breach of peace at the instance of the detenu if released on parole. This report was supported by the Senior Superintendent of Police. Bhatinda vide his endorsement dated 21-6-1988 and forwarded to the District Magistrate, Bhatinda. The District Magistrate, in turn, had supported the same and sent it to the Inspector General of Prisons.