Pala Ram vs State of Haryana and Others

M.M.S. Bedi, J.—The petitioner has approached this Court for exercising inherent jurisdiction to give a direction to the District Magistrate, Fatehabad to accept the bail bonds of the petitioner and release him on parole as per the orders passed by the Commissioner, Hisar Division, Hisar (Annexure P-1). The District Magistrate, Fatehabad pursuant to the directions passed by this Court, is present in the court and has filed a reply to the effect that no doubt the Commissioner, Hisar Division has granted six weeks parole to the petitioner and that bail bonds and surety bonds had been submitted before him but on account of election model code of conduct the bail bonds were not accepted and a clarification has been sought from the Chief Electoral Officer, Haryana by his office on 18.3.2009, 23.3.2009 and 28.3.2009 but no response has been received. On the query of the court, learned State counsel has referred to question No. 49 pertaining to "Model Code of Conduct For the Guidance of Political Parties and Candidates" regarding frequently asked questions wherein it has been mentioned that if the Govt. feels that the release of any convict on parole is absolutely essential for certain compelling reasons, in that case Govt. shall consult the Chief Electoral Officer before granting parole.

I have heard respondent No. 2, who is present in court. It appears that he has been taking abundant caution not to commit any violation of the model code of conduct but there is absolutely no bar to implement the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 to release the convict on parole in accordance with the provisions of the said Act. Besides this the clarification sought for vide three letters, mentioned herein above, no reply has been received from the Chief Electoral Officer, Haryana. In case the petitioner is not released on parole, the objective of temporary release will be defeated as the petitioner had sought parole for agricultural purposes, permissible under the rules.

The petition is allowed and it is directed that the bail bonds and sureties bonds, furnished by the petitioner will be accepted by respondent No. 2 within two days.