BILLA ALIAS BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BILLA alias Bhola Singh convict has filed habeas corpus petition praying that a direction be issued to the respondents to grant him parole/furlough under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short, the Act).

(2.) THE petitioner is undergoing life imprisonment. He applied for temporary release on parole/furlough under the Act. The Superintendent, Central Jail, Bhatinda, refused to forward his application to the appropriate authority in view of his impugned order dated September 28, 1983, whereby he awarded punishment. This order of punishment is sought to be challenged on the ground that it was passed on the petitioner's back as he was not associated with any enquiry and no opportunity of being heard and to refute the allegations were afforded to him. It is also contended that the impugned order is bad in law because the Superintendent Central Jail did not obtain the concurrence of the Sessions Judge before awarding the punishment. In the return filed by the respondents the allegations made by the petitioner have been repudiated. It is pleaded that the requisite concurrence of the Sessions Judge, Bhatinda, was verbally obtained and an intimation was sent by the Superintendent, Central Jail, Bhatinda, vide letter N. 7392 dated 17.10.1983.