TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner who was convicted and sentenced to imprisonment for life by General Court Martial, for an offence under section 302 of the Indian Penal Code, has sought his release on furlough for a period of three weeks under the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

(2.) THIS prayer of the petitioner having not been allowed, the present petition has been filed. A reply has been filed by respondents No. 1 and 2 but though notice has been served on the Standing Counsel for Union of India, no body has put in appearance on its behalf. The matter is being disposed off accordingly. In the reply filed by respondent Nos. 1 and 2, the stand taken is that the case of the petitioner for his release on furlough has been initiated by the Superintendent, Central Jail, Gurdaspur, for obtaining the report of the District Magistrate, Gurdaspur, who will submit the same direct to the Additional Directorate General, Discipline Vigilance (DV-3) Army Head Quarter, New Delhi, who will finally take a decision in the matter as the petitioner has been convicted by the General Court Martial. The petitioner has subsequently filed a Criminal Misc. with which communication Annexure P-2 dated 1st of June, 1994 has also been appended, in which it has been stated that the Central Government has no objection for release of Tarsem Singh on furlough for three weeks, if admissible under the jail rules. From the reading of this communication, it is apparent that the Army Headquarter had left the matter at the hands of the Superintendent, Central Jail, Jalandhar to take a decision in the matter.