Gulzar Singh vs State of Punjab

M.L. Koul, J. (Oral)

This Court is some like matters and another Single Bench of this Court presided over by H.S. Bedi, J. have held that there is no slab contained in Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as ''the Act'') that any prisoner cannot seek the temporary parole for various categories of the conditions laid down in the said provision of the Act if he has not undergone imprisonment for more than a year.

Needful to say that the petitioner is seeking the temporary parole on account of his daughter''s marriage namely Lachhmi Kaur fixed on 10th September, 1996 with one Jasmel Singh, resident of village Attla. In this regard invitation card has been attached with the file.

Objections have been filed by the other side. It is found that the case for parole of the petitioner has been rejected by the authorities on the ground that his case is not covered under the provisions of Sections 3(1)(b) and 3(1)(d) of the Act for he has not completed imprisonment for more than a year. In this regard they have laid reliance on the instructions issued by the Inspector General of Prisons, Punjab vide his order dated 23.8.1976 and the same contains that a convict is eligible for parole if he has undergone one year''s rigorous imprisonment otherwise not.

As I have already said that many a time this Court and other Coordinate Bench mentioned above have held that such instructions and the orders shall not have any overriding effect over the provisions of Sections 3 and 45 of the Act for nowhere such sections contain that any prisoner is entitled to benefit of parole if he has undergone one year''s rigorous imprisonment. Rightly so, suppose some incident of serious nature or act of God takes places in the house of a prisoner for which he is covered within the provisions of Section 3 of the Act and he cannot merely be refused this benefit that there is slab of one year laid down under some instructions of the Government. These instructions have no value in the eye of law and will not have over binding effect over the provisions of the Act for it is a welfare legislation enacted by the Legislature to provide temporary relief of release to the prisoners on family reasons, just as marriage of their wards, agricultural purposes and for any other sufficient cause. There is no stipulation laid down under Section 3 of the Act that a prisoner cannot be released unless he has undergone one year''s rigorous imprisonment. Thus the order passed by the authority being illegal is quashed. The authorities are directed to dispose of his parole matter in accordance with law by 17th of this month. Copy of the order be provided to the counsel for the petitioner today itself on payment by the Registry.