Chhota Singh alias Harjit Singh vs State of Punjab and anr.

K.S. Bhalla, J.

Petitioner Chhota Singh alias Harjit Singh is undergoing life imprisonment in Central Jail, Bhatinda, in consequence of the order dated 9th May, 1985, by Judge, Special Court, Ferozepur. He applied for temporary release on parole under section 3 (1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, (hereinafter called the Act) for six weeks for agricultural purposes. His application was duly recommended by the Superintendent, Central Jail, Bhatinda. His prayer, however, was rejected by the Inspector General of Prisons, Punjab, on 29th October, 1986, on the report of District Magistrate, Bhatinda. Present Criminal Writ petition has been filed by Chhota Singh for his such release contending that he owns land, that there is no adult member in the family who could help to do the agricultural work on his land and that he had maintained good conduct inside the jail. He has further contended that the rejection of his case of parole by the releasing authority was arbitrary, unlawful and mala fide in exercise of powers.

From the return filed on behalf of the respondents, it is clear that conduct of the petitioner inside the jail was satisfactory. It is also admitted therein that his application for parole was duly recommended by the Superintendent, Central Jail, Bhatinda. It is further added that petitioners prayer was rejected on the ground that the district authorities had reported that Sarpanch Kapur Singh and other prominent persons apprehended danger to their lives. The same, however, cannot be treated as a cogent ground. Only endangering security of the State Government of the maintenance of public order'' has been recognised as legal bar as contemplated in section 6 of the Act. Danger to the security of any individual cannot and does not operate as a legal bar. I, therefore, find that the denial of the petitioner''s prayer was based on extraneous and arbitrary grounds and thus the same cannot be treated to be justified.

In the light of what is stated above, the petitioner is ordered to be temporarily released on six weeks'' parole to the satisfaction of District Magistrate, Bhatinda.