MEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this petition the petitioner has sought release on parole for carrying out the agricultural operation.

(2.) NOTICE was issued in this case and thereto has been produced in court by the learned Advocate appearing for the State of Haryana Miss Aparna Mahajan. In the reply it has been admitted that the petitioner did fulfil the conditions for release on parole but no release was possible as the District Magistrate, Hisar, after making inquiry through the police department had not recommended the release of the petitioner on the ground that there was an apprehension of a mishap in case he was released. In support of this assertion in the reply, Annexure R -1, the communication addressed by the Additional Director General of Prisons Haryana has also been appended.

(3.) I have heard the learned counsel for the parties and find that the reasons given by the authorities for declining parole of the petitioner are unacceptable. Under Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 temporary release can be denied to a prisoner only in the event that his release would endanger the security of the State or the maintenance of public order. A mere apprehension of a breach of peace inter se between the accused party and the complainant does not fall within either of these two expressions. To my mind the orders passed by the authorities are, therefore, not sustainable in law.