BALI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE to the State of Punjab. On the asking of the court, Mr. Randhir Singh, DAG, Punjab, accepts notice.

(2.) BALI Singh has filed the present petition under Section 482, Cr.P.C. read with Article 226 of the Constitution of India, for quashing the order dated 7.10.1998, annexure P-1, passed by respondent No. 1, rejecting the parole case of the petitioner.

(3.) THE reasons which have been adopted by the respondent-authorities in declining the case of the petitioner are far from satisfactory. Instead of pulling up the concerned District Magistrate for the lapse committed by him in not reporting the matter to the authorities, the stress and burden has been shifted upon to petitioner who is not in a position to manage the report of the District Magistrate. A favourable report came for the benefit of the petitioner but it has not been approved by the I.G., Prisons. If the I.G., Prisons, wanted a fresh report from the District Magistrate, it was obligatory on the part of the District Magistrate to send the requisite report and the non-compliance on the part of the District Magistrate speaks volumes on his part. The poor petitioner who is a convict cannot be made to suffer.