RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Rajinder Singh, who is undergoing life imprisonment at Central Jai], Patiala, has applied for emergency parole for temporary release an the ground of illness of his wife. He has contended that his wife is seriously ill and his presence is required for the purposes of her treatment. He has further contended that his case for emergency parole was forwarded by the Jail Superintendent and despite the fact that his contention was supported by a medical certificate and his conduct in jail was good, his request was rejected by the authorities without assessing any cogent reason.

(2.) IN the return filed on behalf of the respondents by way of an affidavit of Shri Harbhagwan Singh, Chief Probation Officer in the office of the Inspector General of Prisons, Punjab, Chandigarh, it is mentioned that two weeks' emergency parole case of the petitioner was forwarded to the District Magistrate, Sangrur, which is still pending with District Magistrate Sangrur, and it is wrong to suggest that the emergency parole to the petitioner was denied. It is further added that as and when the decision of District Magistrate, Sangrur, is received, the same will be complied with accordingly.

(3.) THE case of an emergency parole is not required to be handled in such a casual manner. An important aspect which the releasing authority must bear in mind is that it is well established that the reasonable exercise of power inheres its exercise within a reasonable time. In the case of release sought on the ground of illness of parents, spouse etc of the prisoner, decision may have to be taken within span of days. The concept of reasonable time varies from case to case and from situation to situation. An other important fact required to be borne in mind by the releasing authority is that the rules of procedure governing the temporary release on parole are intended to subserve and not to subrogate the substantive provisions. The releasing authority is, therefore, required to realise "that in instant case they are called upon to act with expedition.