GEJA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER Geja Singh has sought parole for four weeks in order to meet his family members so that he may be able to settle the domestic affairs, in accordance with the provisions of Section 179 of the Army Act, 1950 and in view of the guidelines issued by the Government of India for grant of parole to military prisoners in civil jails. The petitioner was convicted under the Army Act and was sentenced to undergo life imprisonment on 27.9.1994. He is serving the sentence in Central Jail, Bathinda. Earlier the petitioner availed parole for four weeks from 29.8.1996 to 27.9.1996 and on the expiry of the parole he surrendered before the jail authorities. Again the petitioner applied for parole in the month of March, 1997, but this time his case has been declined by the military authorities vide orders dated 27.9.1997 by passing the following orders :-

(2.) I have heard the learned counsel for the parties. The order dated 27.9.1997 does not convey any ground of rejection. During the course of submissions, the learned counsel for the respondent No. 1 submitted that earlier the petitioner applied for parole for house repairs and it was granted and as per the guidelines of the military authorities the petitioner is not entitled to parole. Those guidelines are not discernible in the impugned order. Benevolent provisions of parole should not be construed so strictly so as to deprive a citizen so that he may not even be able to attend his domestic pursuits. Therefore, directions are given to the military authorities to reconsider the matter in the light of the observations made above and pass appropriate orders for the release of the petitioner on parole for a period of four weeks. The necessary orders shall be passed by the authorities within a month.