LAWS(P&H)-2011-8-383

HARDIP SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On August 17, 2011
HARDIP SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner has prayed for issuance of directions to the respondents to expeditiously consider and decide his case for pre-mature release which had been initiated by the jail authorities way-back on 17.3.2010.

(2.) Reply has been filed on behalf of respondents No.1 to 3. In para 2 of the preliminary submissions, it has been mentioned that the pre-mature release case of the petitioner was initiated on 17.3.2010 and a copy of the same was sent to the District Magistrate, Jalandhar in view of the instructions dated 8.7.1991. The report from the District Magistrate, Jalandhar was received on 17.9.2010. Upon this, fresh roll was called from the Superintendent, Central Jail, Ludhiana on 20.9.2010, which was received in the office of the Director General of Police (Prisons), Punjab on 22.9.2010 However, fresh roll was not found satisfactory and on 12.10.2010 query was made to the Superintendent, Central Jail, Ludhiana to clarify as to under which Section the case of the convict fell as per government instructions dated 8.7.1991. A clarification was received in the office of the Director General of Police (Prisons), Punjab from the Superintendent, Central Jail, Ludhiana on 28.10.2010. After due consideration, the case of the petitioner was recommended to the Government on 22.11.2010. Meanwhile, the petitioner filed Criminal Writ Petition No.1551 of 2010 in which a detailed reply was filed by the Superintendent, Central Jail, Ludhiana. On 18.11.2010, directions were issued by this Court to consider the case of the petitioner within one month. The Government made a query asking for Panchayat Nama. On 5.4.2011, reply of the query was sent to the government vide Governor letter No.PRB- 3G-2010/2004 dated 5.4.2011 and vide Government Memo No.1/170/2010-2H7/1167 dated 25.4.2011, comments were called regarding the query from the Superintendent, Central Jail, Ludhiana and after receiving the comments on 2.8.2011, reply has been sent to the Government for further necessary action. The case of the petitioner for his pre-mature release is presently under active consideration of the Government.

(3.) After obtaining instructions from Ajay Singh, Senior Assistant, o/o D.G.P., Prisons, Punjab, Chandigarh, learned State counsel has apprised the Court that the case of the petitioner for pre-mature release shall be considered and disposed of within two months from today.