EX CAPT P S GILL Vs. CHANDIGARH ADMN

JUDGEMENT

(1.) The petitioner Ex. Capt. P.S. Gill, who stands convicted by a Court Martial and is presently under-going sentence in the Burail Jail, Chandigarh by this petition, challenges Annexure P-6 and P-7 vide which .the Army Authorities had refused to grant parole to the petitioner on the ground that he was undergoing imprisonment in civil jail and there was no provision of law by which he could be released by the army authorities. The petitioner has also averred in para 14 of the petition that a similar request made to the V.T. Administration was declined on the ground that as the petitioner had been convicted by the Court Martial, the civil authorities had no jurisdiction to release him. Aggrieved by the aforesaid contradictory stand the present petition has been. filed seeking a direction from this Court.

(2.) This case was adjourned time and again on the request of the counsel for the respondent, but no reply has been filed so far. As the petitioner seeks release on ground of emergency, I deem it proper that the matter be disposed of.

(3.) Mr. D.S. Rajput, learned counsel for the petitioner has relied upon sections 123(3) and 176(d) of the Army Act, 1950, which read as under : 123. Liability of offender who ceases to be subject to Act: