INDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Inderpal Singh son of Kulwant Singh was Naik in 29 Infantry Division C/o A.P.O. He was convicted under Section 69 of the Army Act, 1950 (equivalent to Section 302, IPC) at a general Court martial at Pathankot on 12-1-1995 and sentenced to undergo imprisonment for life and dismissal from service. He moved an application on 19-11-1996 to respondent No. 3 i.e. Superintendent Central Jail, Amritsar for grant of agricultural parole to him for a period of 6 weeks. Grant of parole was recommended by him and the parole case was sent to respondent No. 2 i.e. Commanding Officer, 29 Infantry Division C/o 56 A.P.O. and respondent No. 4 i.e. District Magistrate, Amritsar on 21-11-1996. Parole case was recommended by respondent No. 4 and was sent to respondent No. 2 on 6-12-1996. His prayer for the grant of parole was refused by respondent No. 2 on 31-12-1996. He had earlier enjoyed parole from 28-5-1996 to 12-6-1996. He reported back at Central Jail, Amritsar on 12-6-1996. During the period, he was on parole, he committed no offence. His behaviour was orderly and there was no danger from him to any one. Gram Panchayat also verified that he deserved to be granted parole as there was no one in the family who could earn livelihood and support his only daughter aged 8 years. Through this Cr. Misc. Petition No. 1879-M of 1997 filed under Section 482, Cr.P.C. read with Article 226/227 of the Constitution of India, he has prayed for the grant of agricultural parole for a period of 6 week under Section 3 Clause 1 Sub-clause (c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

(2.) Respondents Nos. 1 and 3 put in reply to the allegations made by the petitioner in this petition urging that the District Magistrate, Amritsar had recommended the release of the petitioner on 4 weeks parole. Army athority, however, rejected the case of the petitioner for 6 weeks parole as intimated by Infantry Division C/o 56 APO letter No. 3013/109/A3 dated 31-12-1996 Annexure R-1. It was admitted that the petitioner had surrendered in jail in time after he had enjoyed 2 weeks parole from 28-5-1996 to 12-6-1996.

(3.) Respondent No. 2 contested this petiton urging that as per Section 179 (d) of the Army Act, 1950 read with Army Rule 204 any convicted person by Court-martial of any offence, the Central Govt., the Chief of Army Staff, the Officer Commanding the Army Corps, Division or independent Brigade in which such person was serving at the time of conviction or undergoing any civil prison may either, with or without condition which the person sentenced accepts release the person on parole. Section 123 of the Army Act says that the provisions of the Army Act apply to the convicted persons during the terms of sentence. Provisions of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (to be referred as State Act) will have no application in view of the explicit provisions of the Army Act, 1950 (hereinafter to be referred as the Central Act) making the convicted person subject to the Central Act during the term of sentence. Applications received for the grant of parole by the convicts of general Court-martial are considered in the light of the provsions of the Central Act applicable to service convicts. Petitioner was granted 2 weeks parole by an order of respondent No. 2 dated 10-3-1996 which he enjoyed. Application for the grant of agricultural parole made by his wife was considered and rejected vide headquarter letter dated 29-1-1997 and she was advised to forward fresh application for the grant of parole to the petitioner through proper channel with grounds sufficient enough to merit consideration. Prayer of the petitioner's wife for the grant of parole was considered. Ground put forth for the grant of parole was considered to be not sufficient enough to merit the grant of parole. Applications for the grant of parole to a convict subject to the Central Act do not lie to the civilian authorities. They lie only to the army authorities in view of the provisiohns of Section 123 of the Army Act, 1950 read with Section 179 of the Army Act. 1950.