PRITAM SINGH Vs. HARYANA ADMINISTRATION

JUDGEMENT

(1.) PETITIONER Pritam Singh who is undergoing life imprisonment in Central Jail, New Delhi, has applied for four months' parole to jail authorities on the ground that his two daughters are of marriageable age and he has to arrange for their marriages He has contended that both the daughters are young and more than 18 year old, that there is nobody to arrange for their marriage and that, being an old man of more than 75 years in age he is Worried about - their matrimonial alliance.

(2.) IN reply filed on behalf of the respondents by Superintend Central Jail, Ambala, where he was lodged earlier, it is admitted that petitioner is 75 years old and his request for parole was declined on 5th October, 1984, on the ground of apprehension of breach of public peace - on the recommendation of District Magistrate, Karnal This opinion. however, is not based on any material or data No attempt has been trade to indicate as to how law and order was likely to be adversely affected by the release of the petitioner on parole. The contention raised on behalf of the respondents that no marriage of any of the daughters of the petitioner has been fixed can neither hold good. No doubt, in the absence of fixation of marriage, case of the petitioner cannot lie under section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. (in short the Act) but such release is permissible under section 3(1)(d) of the Act for any other sufficient cause. 2A. In my opinion, to arrange, marriage of one's daughter of marriageable age is a circumstances, which falls within the scope of the provision of law and petitioner Pritam Singh is entitled to four weeks parole for the purpose. It is so, particularly when the denial of his prayer by the releasing authority was on arbitrary and extraneous grounds and cannot be treated to be 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 Magistrate, Karnal.