Gurvinder Singh vs State of Punjab

M. L. Singhal, J.

This is a criminal miscellaneous petition moved under Section 482 of the Criminal Procedure Code read with Articles 226/227 of the Constitution of India by Gurvinder Singhconvict for an offence under Section 302 of the Indian Penal Code for the grant of parole to him for a period of 4 weeks under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

Facts which have given rise to this prayer are as follows :

Gurvinder Singh was convicted by Sessions Judge, Patiala and was sentenced to undergo imprisonment for life vide order dated 9.12.1994 for the offence of murder. He has been in jail since 23.9.1992 i.e. when he was arrested. He has never been released on parole or on furlough so far. As an inmate of the jail, he has maintained orderly behaviour and has not committed any jail offence. On account of having maintained orderly behaviour in jail, he was granted remissions by the jail authorities.

On 19.4.1995, his mother applied to the Superintendent, Central Jail, Patiala for the grant of emergency parole to him through registered letter No. C1520 Patiala H.Q. 14700167142 supported by medical certificate that she was suffering from Hypertension and Pulmanory Tuberculosis. She was also suffering from Arthritis in both knees and required treatment and attendant. So far as his other brothers are concerned, they are putting up separately and are not looking after parents. It is the petitioner who can do the needful for his mother.

With the medical certificate, his (prisonerconvict) mother sent her application also to the Superintendent, Central Jail, Patiala praying for the grant of parole to her son as she was seriously ill and there was none capable to look after her.

Direction was issued by the Inspector General of Prisons, Punjab to all the Superintendents of Jails (Annexure P.3) vide letter No. 50070/GI/P.6 dated 3.11.1988 through which it was directed that the verification of the factum of illness may be made the same day by the Welfare Officer so that parole case could be completed within two days. Despite having received the certificate of the Doctor in support of the illness of his mother and the request of the petitioner, the case for the grant of parole was not decided. Parole cases should be decided promptly so that prisoners do not feel that they are not the members of the society and are outlaws.

Respondents resisted this prayer urging that no case for the grant of parole is made out in favour of the prisoner as his mother is only a patient of hypertension. She is not admitted in any hospital. When she is not admitted in a hospital, her condition cannot be labelled as serious.

I have heard the learned Deputy Advocate General, Punjab and have gone through the record. Petitioner was arrested on 23.9.92. Since then, he has been in jail. During the period of his confinement in jail, he maintained orderly behaviour and did not commit any jail offence. Petitioner has a mother who is 70 years old. She is suffering from Pulmanory Tuberculosis. She is also suffering from Arthritis in both knees and is in ill health.

It is stated by the petitioner that there is no one capable of looking after his mother and provide her treatment. These are human problems. Human problems are required to be dealt with humanly.

Legislature in its wisdom enacted Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 with a view to enable the prisoners to make sojourn to their family and keep in touch what is happening in their family. In their written statement, the respondents have not denied the eligibility of the petitioner for the grant of parole. What the State has alleged is that this parole case will be decided after the submission of the medical certificate in support of the illness of the petitioner''s mother.

There is a medical certificate on the record in support of the ailing health of the petitioner''s mother. Doctor V. B. Singla, M.D., Senior Lecturer, T.B. Hospital, Patiala has certified that she is an old case of Pulmanory Tuberculosis and hypertension. She is advised regular check up. She is about 6570 years of age. In old age, there should be some close relations to attend her and provide her treatment.

The aim of long term imprisonment is to reform the prisoner besides being deterrent to him as well as other prisoners. Prisoner is not stripped of his fundamental and other legal rights.

Exercise of power of releasing a prisoner on parole or furlough must not, therefore, be looked upon as an act of charity, compassion or clemency but as an act in the discharge of a legal duty required to be performed upon the fulfilment of the prescribed conditions to effectuate a salutory purpose. This legal duty is given to some public functionaries to be performed faithfully. He is required to perform this legal duty with utmost sense of justice and fair play.

In this case it is not shown that the prisoner has any criminal history. He is seeking parole only to do his religious and moral duty towards his mother.

Keeping in view the genuineness of the purpose for which the prisoner (petitioner) is seeking parole, I allow his prayer for the grant of parole. Convictprisoner is granted parole for a period of 15 days. He will furnish personal bond and surety bond before the District Magistrate, Patiala to his satisfaction. After the expiry on parole, he will surrender in Central Jail, Patiala. Period of parole will commence when these bonds duly attested by the District Magistrate reach Central Jail, Patiala.