JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURINDERVIR Singh, Warder, Central Jail, Jalandhar, has produced the original record. Jarnail Singh petitioner is undergoing imprisonment for life for offence under Section 302 of the Indian Penal Code under the orders of the learned Sessions Judge "Ferozepur. On the request of detenu's father namely Piara Singh, Superintendent Jail sponsored the case of the prisoner for four week's parole for house repairs under Section 3(1)(d) of the Punjab-Good Conduct Prisoners (Temporary Release) Act, 1962. The concerned authority rejected the request on 4-12-1989 on the basis of adverse report of the local authority. In this writ petition the petitioner alleges that the concession of parole was wrongly withheld on vague report of the local authority regarding breach of peace. It is further averred that there is no other adult male member in the family of the detenu except his old father, to effect repairs of the dilapidated house.

(2.) IN the return filed by Shri Daulat Singh, Chief Welfare Officer on behalf of the respondent state, it is averred that the detenu had committed three jail offences mentioned in Annexure, RI and that the case of the petitioner for four weeks parole initiated by the Superintendent, District Jail, Nabha, vide letter dated 22-11-1988 was rejected by the Inspector General (Prisons), Punjab on 4-12-1989 on the basis, of adverse report of the local police and the District Authority. The respondents had also filed affidavit of Inspector Surinder Singh of P.S. Mamdot and copy of the report of ASI Gurcharan Singh to the effect that Jarnail Singh, petitioner does not own any house in the area of village Gammewala Bhawra and thus there is no question of any repairs of the house being effected. As the details of report of the local police were not given in the return, the original record was called for and Shri Gurindervir Singh has produced the same today.

(3.) THUS , it appears that the concession of parole to the prisoner for house repairs has been withheld on the above referred vague reports of the local police which is certainly illegal and arbitrary as held by the apex Court in Bhagwat Saran and others v. State of U.P. and others, 1983(1) CLR 504. Consequently, by accepting this writ petition, the petitioner is directed to be released on four weeks parole for effecting house repairs from the date he furnishes requisite bonds to the satisfaction of the District Magistrate, Ferozepur, undertaking to surrender before the said authorities after the expiry of the said period.