JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India relates to grant of parole to Jarnail Singh detenu for a period of four weeks, in order to enable him to carry out necessary repairs of his house in the village, which has been substantially damaged on account of recent heavy rains. It was pleaded that a lot of cracks have developed in the walls and in case timely repairs are not carried out the house can fall any time." It was further pleaded that there was no other able member in the family, who can accomplish the task and execute the necessary repairs to the house. This aspect of the case finds support from the Panchayatnama Annexure P1.

(2.) THIS aspect of the case has not been denied by the respondents in there reply and would, thus, be deemed to have admitted. Arart from that it is mentioned that the parole case of the petitioner was initiated on 8th of November, 1988 and forwarded to the District Magistrate, Amritsar for onward transmission to the Military Authorities alongwith his recommendations. The request for grant of parole had been declined by the General Officer Commanding concerned on 10th of January 1989.

(3.) THE grant of parole was further opposed on behalf of the State that the detenu has committed one jail offence on 8th of August, 1986, and for, this reason the conduct of the prisoner was not good. There is no specific mention in the written reply as to whether any jail punishment was awarded to the detenu nor there is any mention that any such punishment, awarded by the jail authorities was submitted for judicial scrutiny of the Sessions Judge, Amritsar. Apart from that the jail authorities had recommended the case for grant of parole to the petitioner on 6th of November 1989 and as such there is no good ground for rejecting the prayer for grant of parole to the petitioner.