NAZIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Nazir was convicted on 18th December, 1983. and sentenced to life imprisonment by Sessions Judge, Ferozepur. He is undergoing that sentence. 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. His application, was duly recommended by the, Superintendent of the Jail, but his prayer was, rejected by the Inspector General of Prisons on 31st October, 1986, relying upon report of District Magistrate, Ferozepur. Present criminal writ petition has been filed by Nazir for this such release contending that he owns house which requires repairs, that there is no other adult male member in the family who could hope during the repair work with regard to his house and that he had maintained good conduct in jail. According to him, the rejection of his case of parole by the releasing authority was arbitrary, illegal and malafide in exercise of powers.

(2.) FROM the return filed on behalf of the respondents, it is not borne out that the conduct inside the jail of the petitioner was not satisfactory. It is also not disputed that his application for parole was duly recommended by the Superintendent of the Jail. It is clear therefore that the petitioner's prayer was rejected on the ground that the district authorities had reported that the sarne was likely to endanger the maintenance of public order. This opinion, however, is not based on any data or material. No attempt has, been made to indicate as to why public order was likely to be adversely affected by the release of the petitioner on parole. 1, therefore, find that denial of the petitioner's prayer for temporary release on parole was based on extraneous and arbitrary grounds and hence cannot be termed to be justified.

(3.) FOR the foregoing reasons, the petitioner is ordered to be temporary released on four weeks' parole to the satisfaction of District Magistrate, Ferozepur.