Lachhman Dass vs State of Punjab

Ujagar Singh, J.

The petitioner has sought parole for 4 weeks in this petition, on the ground that he has left behind his old mother and disabled sister. Father of the petitioner has already expired. It is also alleged that he owns a house in his native village which needs repairs.

The request of the petitioner is opposed by way of affidavit only on the ground that he his request for parole was initiated on 2031987 and is upending decision of the District Magistrate, Faridkot from the view of law and order, as required under Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 and his case is being pursued before the District Magistrate and other authorities. It is also stated that as soon as the report is received in the matter, the case will be decided on merits under the rules.

The only provision for refusing the parole is given in section 6 of the Act, and this section provides that in spite of the provisions of sections 3 and 4 of the Act, no prisoner shall be entitled to be released on the report of the District Magistrate, the State Government or any officer authorized by in this behalf, is satisfied that his release is likely to endanger the security of the State or the maintenance of public order. The reply of the respondent shows that reference has been made to the District Magistrate only on the point of law and order and on no other point. In various judgments of the Supreme Court, as well as the High Courts, a distinction has been made between "law and order", "public order" and "security of the State". Section 6 of the Act empowers the District Magistrate to file reply with regard to only two matters, i.e. public order and security of the State. The question of law and order is not mentioned in this section. The opposition made only on a question of law and order is not relevant for denying the relief to the petitioner.

With the above observations, this petition is allowed and the petitioner is directed to be released on 4 weeks, parole which will commence from the date, following the date of his release from jail. He shall surrender immediately after the expiry of 28 days. He is directed to furnish personal bond and surety bond to the satisfaction of the District Magistrate, Faridkot. The Superintendent Jail, Faridkot is directed to have the relevant papers completed before release. To be on the safer side, the petitioner is also required to furnish personal bond and surety bond in the same amount, to give undertaking that he will keep peace and be of good behaviour failing which this period of parole can be curtailed and the amount of these bail bond and surety bond can forfeited.

The petition is disposed of accordingly.