INDER SINGH Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) THIS is a petition by a convict who sought release on parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and the rules of 1963 framed thereunder. His request was declined by the Inspector General of Prisons, Haryana on 3rd February, 1986 which has given rise to this petition.

(2.) IT has been contended by Mr. Manoj Swaroop, learned Counsel for the petitioner, that the releasing authority under Section 3(1)(c) of the aforesaid Act was the State Government alone and the case of the convict could not have been disposed of unfavourably by the Inspector General of Prisons, Haryana (respondent No. 1). Though in the return, the stance taken is that he is the releasing authority for the purposes of the said section yet the learned Counsel for the State has not been able to point out any provision of law whereunder the power of the State Government could be seen having been delegated to the Inspector General of Prisons. On the contrary, a delegation has been shown to that effect, but with regard to the powers under Section 3(1)(a) and Section 4 of the said Act. There is no delegation of power under Section 3(1)(c) of the Act. In this view of the matter, learned Counsel for the State concedes that the impugned order of the Inspector General of Prisons, Haryana shall be taken to have been withdrawn and an undertaking has been given that the State Government shall consider the case of the petitioner for parole by itself.

(3.) FOR what has been said above, this petition would merit acceptance. While allowing it, is ordered that the case of the petitioner for release on parole be considered and decided within a period of two weeks from today. Ordered accordingly. No costs. Order accordingly.