SIMRANDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is a life convict, lodged in the Central Jail, Ludhiana, has applied for 6 weeks' parole which has not been recommended by the Deputy Commissioner of Police, Ludhiana vide its letter dated 03.07.2017, addressed to the District Magistrate, Ludhiana, on the ground that there is an apprehension of danger to the local law/State security if he is granted parole. The District Magistrate, Ludhiana, in turn, vide his letter dated 14.07.2017, addressed to the Commissioner of Police, Ludhiana, had asked for a reasoned report specifying the nature of danger to the State security or public order while releasing the petitioner on parole.

(2.) It appears that the petitioner did not receive any communication regarding acceptance or rejection of his application for grant of parole and while treating the letter dated 03.07.2017 of the Deputy Commissioner of Police, Ludhiana, not recommending the grant of parole to the District Magistrate, Ludhiana, as the impugned order/letter, filed the CRWP No. 1268 of 2017 on 24.10.2017. In the said petition, notice was issued to the Advocate General, Punjab for seeking report from the District Magistrate, Ludhiana regarding any specific material available against the petitioner indicative of the fact that his release on parole would endanger the State security or peace and harmony (public order).

(3.) No reply to the said petition was filed till today and on 23.01.2018. The Division Bench was of the view that the Criminal Writ Petition is not maintainable for seeking parole as the grievance made by the petitioner can only be redressed by way of filing a Civil Writ Petition, therefore, the Registry was directed to register the CRWP No. 1268 of 2017 as a Civil Writ Petition and list the same as per roster. Accordingly, the present petition was assigned CWP No. 2261 of 2018 and listed before the Single Bench of this Court, as per roster.