BALKARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AFTER hearing the learned counsel for the petitioner this court is of the considered opinion that the present petition can be disposed of at this stage without issuing notice to the respondents in order to curtail the delay.

(2.) THROUGH this petition under section 482 Cr. PC Balkaran Singh petitioner has , given challenge to the order Annexure P.1 vide which his prayer for agricultural parole has been rejected on the ground that the petitioner had not served so far one year of actual imprisonment. This order has been passed in view of the orders of the Inspector General, Jail Department, Punjab issued on 13.11.1992. In 1996(3) RCR 701 Darbara Singh v. State of Punjab it has been held after calling the dictum of this court and other coordinate Benches that such instructions as quoted above will not have any overriding effect over the provisions of sections 3 and 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for nowhere such sections contained that any person is entitled the benefit of parole if he has undergone one year of his rigorous imprisonment. The instructions relied upon by the State have no value in the eyes of law and cannot have overriding effect over the provisions of the Act which is a welfare legislation to provide temporary relief of release to the prisoners on family reasons such as marriage of their wards agricultural purposes and for any other sufficient cause. As I have just stated that there is no stipulation laid down under section 3 of the Act that a person cannot be released unless he has undergone one year's rigorous imprisonment, thus the orders Annexure P.1 cannot sustain in the eye of law and is hereby quashed being illegal.

(3.) FRESH directions are given to the respondent -authorities to reconsider and decided the case of the petitioner for parole in accordance with the law within one month fro the receipt of the copy of this order. This petition is allowed as stated above. Petition allowed.