ANUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner who is presently undergoing the sentence of life imprisonment in the Central Jail, Hisar, had applied for his release on parole in the early part of this year. This request of the petitioner was declined on the ground that the District Magistrate after receiving the report from the Police had not recommended his case as there was an apprehension that in case he was released, there would be a danger to the public peace. Aggrieved by this action, the petitioner challenged the order of the authorities declining his case for release on parole in Crl. Misc. No. 6552-M of 1994 which came up for final hearing on 25th July, 1994 and as disposed of with the direction that the matter be reconsidered within a period of two months keeping in view the fact that a mere apprehension of breach of peace was not a ground for the rejection of the case of parole. The matter was thereafter reconsidered by the authorities in the light of the judgment of this court but has once again been rejected vide Annexure R-I on the ground that there could be a danger to the public peace in case he was released.

(2.) MR . S.S. Rana, learned counsel for the petitioner, has urged that the order Annexure R.I. could not be sustained in the light of the fact that this Court had in the first Crl. Misc. application given a categorical finding that a mere apprehension of breach of peace was not one of the grounds envisaged under section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 whereby the temporary release could be denied to a prisoner, but despite this order the respondents have rejected the case of the petitioner on the very same ground.