MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted by the learned Sessions Judge, Ferozepur, for offence under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life vide his order dated 27th July, 1985 and confined in jail. Due to his good conduct during his detention in the jail, he alleges that he is entitled to the grant of parole under Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, for the construction as well as for repairs of his house. The Superintendent of Jail recommended the case of the petitioner for release on parole to the requisite Authority, but ultimately it was rejected by the State Government somewhere in the month of September, 1987. Thus, it was maintained that the order of the State Government in not allowing him parole for the above referred purposes was arbitrary and violative of Articles 14. 19 and 21 or the Constitution of India. In the return filed by the District Magistrate, Ferozepur respondent No. 1 it is admitted that the case for allowing four weeks parole to the petitioner was received. from the Superintendent Central Ferozepur and it was sent to the Senior Superintendent of Police, Ferozepur for verification and report. The village Panchayat recommended the release of the petitioner but the Senior Superintendent of Police after verifying the facts through the local police did not recommend the release of the petitioner on parole. The District Magistrate agreeing with the report of the Senior Superintendent of Police had made a report accordingly to the Inspector General of Prisons, Punjab and ultimately the State Government rejected the release of the petitioner on parole.

(2.) I have heard Mr. V.K. Jindal, learned counsel for the petitioner. None has appeared on behalf of respondent No. 1 despite due service. Thus, there is no option but to dispose of this petition in the absence of any representation on behalf of the respondents.

(3.) UNDER these circumstances, it appears that the State has deprived the petitioner arbitrarily of the benefit of Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act,, 1962. Thus, it is a at case where a directive be issued to the District Magistrate, Ferozepur, for release of the petitioner on four weeks parole in order to repair his house, on furnishing requisite bonds, etc. It is ordered accordingly by accepting this petition.