GURDIAL SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition was filed by S. Gurdial Singh under Section 482 of the Code of Criminal Procedure (in short, the Code) and under Articles 226/227 of the Constitution of India, and in this petition, it has been prayed that the respondents be directed to release on parole the son of the petitioner, Kanwaljit Singh Sandhu who is in custody since 3rd September 1984, for a period of six months to enable him to have parental care and proper medical treatment, under Section 3(1) (a) or (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (in short, the Act). It was also stated in the petition that the petitioner's son and other accused were convicted on 12th April, 1993 under Section 4 of the Anti -Hijacking Act and were sentenced to life imprisonment and since then the petitioner's son is undergoing imprisonment in the Central Jail, Ajmer and at present is lodged in the Central Jail, Jodhpur.

(2.) NOTICE of this petition was issued to the respondents on 27th October, 1994.

(3.) ON 29th March, 1995 the learned counsel for the petitioner sought time to file an application for amendment. Thereafter, an application bearing No. 5869/95 was filed on behalf of the petitioner seeking amendment of the main petition. In this application, besides the earlier prayer, the petitioner made another prayer that he alongwith other co -accused Tejinder Singh, Devinder Singh, Amrinder Singh, Avtar Singh, Mann Singh and Surinder Singh be transferred from Central Jail, Jodhpur to Model Jail, Chandigarh. It may be pointed out here that in support of this application for amendment, an affidavit of the petitioner who is the father of convict Kanwaljit Singh Sandhu, has been filed and in this affidavit there is no averment that the petitioner has been authorised to file any application on behalf of the other co -accused mentioned herein above. Notice of this application was issued to the respondents on 4th April, 1995. Written statement to the petition as well as the application for amendment, on behalf of the respondent Nos. 1 and 2 was filed on 19th May, 1995. In this written statement, it was contended that the present petition was not maintainable at Chandigarh as Kanwaljit Singh Sandhu, convict, was undergoing life imprisonment in Rajasthan and as such the petition for parole was maintainable only in Rajasthan and not in Chandigarh.