SHAM SUNDER Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner was sanctioned two weeks emergency parole by the Superintendent Jail, Ferozepur on the ground of his sister's illness and the release warrants were sent to the District Magistrate, Ferozepur. The latter refused to release the petitioner on parole on the ground of apprehension of breach of peace. As the data or material on which this opinion was arrived at by the District Magistrate was not indicated in the return by him, the respondents were directed to re-consider the petitioner's case within 2 weeks by an order of this Court dated February 2, 1987.

(2.) IN pursuance of the order of this Court the petitioner's case has been re-considered and rejected on February 20, 1987. The return filed by the District Magistrate indicates that the petitioner's case has been rejected on three grounds.

(3.) THE second ground of rejection is that the petitioner's father was released on four weeks parole on December 5, 1985 but he failed to surrender after the expiry of the period of parole. He absconded and was later on arrested on April 18, 1986. Simply because the petitioner's father did not comply with terms of the parole, it cannot be automatically presumed that the petitioner will also abscond. For any fault of his father the petitioner cannot be penalised.