Inderjit Singh vs State of Haryana

Iqbal Singh, J.

By way of this petition under Section 482, Criminal Procedure Code, the petitioner Inderjit Singh @ Raja seeks his release on parole for four weeks for house repairs under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short ''the Act'').

The petitioner is undergoing life imprisonment in Central Jail, Ambala, having been convicted and sentenced under Sections 302/34 IPC and Section 6 of TADA Act, by the Additional Sessions Judge, Ambala, and he moved the concerned authority for grant of parole which was declined.

In reply to the petition, it is stated that after making due verifications, Superintendent Jail has not recommended the release on parole on the ground that the petitioner has been threatening the family of the deceased whenever he is released on parole.

Under Section 6 of the Act, parole can be declined on the ground if the release of the petitioner is likely to endanger the security of the State or maintenance of public order. These two grounds are not attracted in the present case is as much as security of State cannot be jeopardised by any stretch of imagination. Security of State refers to crimes intended to overthrow the Government, waging of war or internal or external aggression against the Government and such like acts. Similarly maintenance of public order refers to affray, disturbance of peace and the like. It is not made clear in the report of the Government that how his release is likely to attract the above two grounds referred in Section 6 of the Act. The State is not a weak organ that it cannot conduct the maintenance of the public order and is not in a position to keep a watch on the activities of the petitioner for the purposes of public order. The petitioner is not so strong so as to create a situation where the public order is in danger. It seems the grounds have been taken simply to deny the petitioner his right to come out of the jail under the provisions of the Act. However, if the petitioner in any way violates the conditions of release on parole, enough safeguards are provided under Section 8 of the Act and Section 9 of the Act.

It cannot be disputed that the purpose of release on parole is very useful to change the outlook of a criminal so as to make him a useful member of the society. If he is not allowed to be released on parole, to repair the house, it can have a very bad effect on his attitude towards the society. The stress these days is to hate the crime and not the criminal, rather to give him all the possible avenues to bring him on the path which may lead to bring peace in the society and to get rid of a criminal tendency in a criminal, and one of the ways to do it is to allow him to come out of the cold walls of the jail and to associate with the members of his family so as to carry out the obligations of a social human being so as to bring tranquillity, happiness and prosperity in the society. Many of time, crime is the result of socioeconomic milieu and it is the duty of the agencies maintaining the public order and running criminal justice system, to see that the crimes are minimized and there is peace and tranquillity in the society and one of the ways to achieve this object is to give effect to social legislation and salutary provisions of the Act so that the institution of prison which is now being run as not concentration camps with all its brutalities and devoid of human spirit and touch but as reformatory so as to churn out good citizens from bad ones.

To conclude, I find that the application of the petitioner has been declined for no valid, sufficient and legal reasons. The order rejecting his prayer for temporary release on parole is arbitrary and based on no sufficient material which would justify its refusal. The order of the Releasing Authority is, therefore, set aside and the petitioner is directed to be released for a period of four weeks on his furnishing surety/security to the satisfaction of the District Magistrate, Ambala, in accordance with the provisions of the Act. After the expiry of the parole period, the petitioner is directed to surrender himself before the concerned authorities. This petition stands disposed of accordingly.