GURCHARAN SINGH Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) GURCHARAN Singh, petitioner herein was challaned, charged, tried convicted under Section 30, IPC and sentenced to imprisonment for life. He is undergoing sentence in Central Jail, Patiala. He has applied for his temporary release under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, (hereinafter referred to as the Act) for the purposes of carrying on agricultural operations in his land. Since his petition was not decided he has brought this writ petition under Section 482 of the Criminal Procedure Code for securing his temporary release. Respondents were served. A reply to the petition has been filed. Para No. 3 of the reply reads as under :-

(2.) WHEN the reply of the respondents is given the above acid test. I find that there is nothing on the record to show that the Inspector General of Prisons, Punjab who had passed the impugned order dated 21.4.1992 rejecting the application of the prisoners for temporary release was an officer authorised by the State Government in this behalf as required under Section 6 of the Act. Admittedly the said order was not passed by the State Government i.e. the Secretary of the Department concerned. Secondly, the report on which the satisfaction of the State Government or an officer authorised by in this behalf, is to be based, has not been signed by the District Magistrate rather it has been signed by the some-body else for District Magistrate, Sangrur as is evident from the bare reading of para 3 of the reply which has been reproduced above. Thus, it is evident on the face of the record that the requirement of Section 6 of the Act has not been complied with and that being so the impugned order of April 22, 1992 cannot be sustained in the eye of law which is hereby quashed. The State Authorities are directed to reconsider the case of temporary release of the petitioner under Section 3(1)(c) of the Act within a period of one month from today. Order accordingly.