NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notice to the State. On the request, of the, court, Mr. J .S. Brar. Deputy Advocate General. Punjab accepts the notice.

(2.) The parole case of the petitioner has, been rejected on the plea that the petitioner was found to be a person of dangerous kind and in the event of release of the petitioner on parole, there would be breach of peace. This ground is hardly tenable in view of section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. State is not a weak organ of the country. It has vast powers. If a person tries to commit breach of peace remedy still lies with the State under Section .167/171, Cr. P.C. As per Section 6 of the said Act, the parole can .be rejected if the State is satisfied that the release of the prisoner, is likely to endanger - tile security pf the State or the maintenance of public order would be a problem. Both these grounds are not stated in the impugned order.

(3.) Resultantly the impugned order annexure P-2 dated 28-11-1997, is hereby set aside. Directions are given to the State to reconsider and decide the case of the petitioner for releasing him on parole according to law and on merits within one month from the receipt of a copy of this order. This time, the state shall not reject that case of the petitioner for parole on untenable pleas like that the petitioner appears to be a dangerous person and in the event of his release there would be breach of peace. Petition allowed.