DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Devinder Singh is undergoing life imprisonment in Central Jail, Ludhiana, having been so sentenced under Section 302 of the Indian Penal Code by Session Judge, Patiala, on 30th April, 1976. He applied for temporary release on parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, for four weeks for repair of his house on 24th September, 1986. His application was duly recommended by the Superintendent, Central Jail, Ludhiana. His prayer, however, was rejected by the Inspector General of Prisons, Punjab, on 8th January, 1987, on the ground that peace was likely to be endangered if he was allowed to come out of the jail, relying upon report of District Magistrate, Ludhiana. Present criminal writ petition has been filed by Devinder Singh for his such release contending that he purchased an old house at Ludhiana after the incident. that the condition of the house was such that it was not fit for human habitation and that there is no other adult male member in the family, who could assist to do the repair of the house. It is further, contended that he had maintained good conduct in jail and the rejection of his case of parole by the releasing authority was arbitrary, illegal and mala fide in exercise of powers.

(2.) FROM the return filed on behalf of the respondents, it is clear that conduct of the petitioner in jail was satisfactory. It is also admitted therein that his application for parole was duly recommended by the Superintendent, Central Jail, Ludhiana, and that the petitioner's prayer was rejected on the ground that the district authorities had reported that peace was likely to be endangered by his coming out of jail. The said opinion, however, is not based on any data or material. No attempt has been made to indicate as to why peace was likely to be adversely affected by the release of the petitioner on parole. I, therefore, find that the denial of the petitioner's prayer was based on extraneous and arbitrary grounds and hence was not at all justified.

(3.) IN the light of what is stated above, the petitioner is ordered to be temporarily released on four weeks' parole to the satisfaction of District Judge, Ludhiana.