Rakesh Kumar vs State Of Haryana And Others

Amit Rawal, J

Mr. Ashish Yadav, Addl. A.G., Haryana has filed the reply by way of affidavit of Sh. Lakhbir Singh, Superintendent, Central Jail Ambala/respondent Nos.1 to 3, which is taken on record.

Prayer made in the petition filed by convict-Rakesh Kumar under Articles 226/227 of the Constitution of India read with Section 482 of Cr.P.C., read with Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short 'the Act'), is for releasing the petitioner on parole for a period of four weeks to perform the last ritual ceremonies on account of demise of his father, namely, Khana Ram, who unfortunately expired on 26.12.2017.

Learned counsel for the petitioner submits that the petitioner is confined in Central Jail Ambala owing to the conviction order dated 06.04.2010 and the criminal appeal bearing No. CRA-D-503-DB-2010 is pending adjudication. He was taken under the control and care of Jail Authorities to perform the funeral ceremony of his father for 48 hours i.e. from 28.12.2017 at 9.20 a.m. to 30.12.2017 at 9.10 a.m.

He further submits that the Bhog Ceremony of his father is slated on 07.01.2018, thus, urges this Court for releasing the petitioner on parole for a period of two weeks to attend the Bhog Ceremony at House No.3253/1 Sector 38-D, Chandigarh and also to perform the last rites by pouring the ashes into Holly Ganges at Haridwar.

Mr. Ashish Yadav, Addl. A.G., Haryana submits that the petitioner has been designated as a hardcore prisoner as he was found to be using mobile phone while undergoing the imprisonment and as per the Amendment Act 2012 and notification dated 01.10.2012, there are special provisions for releasing such prisoner on temporary basis and on furlough, details of which have been given in para 4 of the reply. He further submits that the same procedure can be adopted and followed for performing the last rites.

We have heard the learned      counsel for the parties and appraised the paper book.

It would be apt to reproduce the para 4 of the Reply, extracting the notification dated 01.10.2012, which reads as under:-

''4. That the petitioner falls under the category of Hardcore Prisoner.  As per Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Amendment Act - 2012, Notification 01.10.2012 after Section 5 of the principal act, the following section shall be inserted, namely : - Section 5A-

''Special Provisions for Hardcore Prisoners-

Notwithstanding anything contained in Sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough:

Provided that a hardcore prisoner may be allowed to attend the marriage of his child, grand chilid or sibling; or death of his grand parent, parent, grandparent in laws, parent in laws, sibling, spouse or child, under the armed police excort, for a period of forty eight hours to be decided by the concerned Superintendent Jail and intimation in this regard with full particulars of hardcore prisoner being released, shall be sent to the concerned District Magistrate and Superintendent of Police within twenty four hours.''

Keeping in view the above said facts, being a hardcore prisoner the petitioner was entitled for escorts guard for 48 hours in custody. Therefore, Superintendent, Central Jail Ambala released the petitioner on dated 28.12.2017 at 9.20 am in custody of police escort guard for 48 hours with intimation to the District Magistrate, Chandigarh and Superintendent of Police, Chandigarh vide this office letter No.7864 dated 27.12.2017. The police escort guard re-lodged the petitioner in this jail after 48 hours i.e. 30.12.2017 at 9.10 a.m.''

The proviso to the aforementioned notification do not prohibit the hardcore prisoners to attend the certain functions, as enumerated therein, for a period 48 hours. In view of the stand taken by the State of Haryana, we dispose of the present petition by issuing a direction to the Superintendent, Central Jail Ambala, to make necessary arrangements for the purpose of attending the Bhog/Kriya Ceremony at House No.3253/1 Sector 38-D, Chandigarh on 07.01.2018 and also for performing the last rites by pouring the ashes into Holly Ganges at Haridwar, under proper police escort, so that he may participate in last rites/rituals of his deceased father. After the requisite ceremonies are performed, he be re-lodged in the jail.

It is made clear that the petitioner shall be in the care and custody of police escort guard for a period of 48 hours with intimation to the District Magistrate, Chandigarh, Superintendent of Police, Chandigarh and also to the District Magistrate, Haridwar.