RANI KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India read with Sec. 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, seeking issuance of a writ in the nature of certiorari to set aside the impugned order dtd. 30/4/2025 passed by the learned District Magistrate, Moga (respondent No. 2), whereby the request of the petitioner, Rani Kaur, aged 50 years (Prisoner No. 2500/147), for release on parole for a period of eight weeks was rejected.

(2.) Learned counsel for the petitioner submits that petitioner is mother of four children and worked as a labourer before her confinement in the jail. She belongs to a poor family and now seeks release on parole primarily to socialize and meet her family members. Request for parole has been declined by respondent No. 2, against the settled proposition of law. While rejecting the claim of parole no substantial reason has been assigned except of observing that petitioner may re-offend or abscond from the clutches of law. For giving such reason in the impugned order, Authority has relied upon the so-called secret sources though there is no substance with the Authority to confirm the information having been supplied by such sources. Surprisingly, without there being any declaration by the socially known institute, petitioner has been marked a person of bad reputation, who is repeatedly involved in violating law. Apprehension has been expressed by respondent No.2 that if petitioner is released on parole she may again get indulged in the illegal sale of narcotics. Therefore, to take strick measures and to combat the drug menace, respondent No. 2 expressed its dissatisfaction by emphasizing the importance of breaking the chain of drug peddlers and to protect future generations from such influences.

(3.) However, by referring to the judgment of the Hon'ble Division Bench of this Court in the case titled 'Kulwinder Singh @ Taina vs. State of Punjab and Others' 2024 (3) Law Herald 872, Law Finder Doc ID #2592372, and the judgment of this Court in 'Karanpreet Singh alias Giana alias Fateh vs. State of Punjab and Others', passed in CRWP-344-2025, decided on 1/3/2025, learned counsel submits that in view of the purpose behind granting parole as a rehabilitative measure, the petitioner ought to be released on parole for a period of eight weeks. Accordingly, prays for quashing of the impugned order.