JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jagar Singh on parole seeks a direction for his release on parole for a period of four weeks under Section 3(1) (d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act) within the ambit of Section 482 of the Code Criminal Procedure read with Articles 226/227 of the Constitution of In in order to repair his house.

(2.) It is alleged in the petition that the petitioner moved an application for grant of parole before the competent authority as far back as on 4.11.1995 and so far it has not been decided. This version of the petitioner is confirmed by the respondent State in their objections. It is horribly found that the authorities have not moved in the matter and have not shown any respect to the provisions of the law. It speaks much about the functioning of the Inspector General, Prisons, Haryana, the District Magistrate of area and the Superintendent of Police who one way or the other are authorities to decide the matter and have to take a decision in consultation with each other for release of a detenu within the provisions of Section 3 of the Act.

(3.) The petitioner in his application dated 4.11.1995 had contend that his house had felled down as a result of havoc caused by the floods, in the last year in some areas of the State of Haryana. The matter should have been disposed of by the authorities at maximum within a period of one month but unfortunately no action has been taken in the matter. It is not known to this court as to who amongst the three officers mentioned above is responsible for not taking any action in the matter as a result of which the application of the petitioner remains undecided so far. I would have adjourned the case and called or the report from the officers concerned and even initiated other proceedings against them but that will hinder the progress and determination of the petitioner's case. For this reason a direction is given to all the three officers namely Inspector General of Prisons, Haryana, District Magistrate and Senior Superintendent of Police, Sirsa that they shall act in the matter swiftly and see that the matter is disposed of within a period of 15 days from the date a copy of the order is received by them. In case they fail to do so this court shall proceed against them as per law and even for compensation to be paid to the petitioner.