JASPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is undergoing life imprisonment in Central Jail, Ambala, for having been convicted under Section 302 Indian Penal Code. Admittedly he has undergone almost five years of imprisonment. He applied to the Superintendent Central Jail, Ambala-respondent-3 for his temporary release of furlough under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act). It is further the admitted case of the parties that the Superintendent, Central Jail had recommended the temporary release of the petitioner on furlough. However, the Additional Director General (P) Haryana, Chandigarh on the basis of a report of District Magistrate, Kurukshetra, informed the Superintendent, Central Jail, Ambala that if the petitioner is released on furlough, that would endanger the public peace and order and on this basis the District Magistrate had not recommended the release of the petitioner on furlough. Relying on this report of the District Magistrate, the Additional Director General (P) Haryana, Chandigarh declined the request of the petitioner for being released temporarily on furlough. It may be observed here that the petitioner had enjoyed parole w.e.f. Feb. 13, 1993 to March 14, 1993.

(2.) THIS petition has been filed with a prayer to direct the respondents to release the petitioner temporarily on furlough under Section 4 of the Act.

(3.) ON January 5, 1994, I had adjourned this case to enable the respondents counsel to appraise this Court regarding the material on the basis of which the District Magistrate had given his report (Annexure R.1 to the written statement) which is to the effect that if the petitioner is released on furlough it will endanger the public peace and order. Learned counsel for the respondents informed that nobody has come from the concerned quarter to give him instructions regarding the query put by me in my last order dated January 5, 1994. Section 4 of the Act reads as under :-