AI Structured Summary
Not yet generated for this judgment
Judgment
Kanwaljit Singh Ahluwalia, J.
Criminal Misc. No. 983 of 2011
Criminal Misc. Application is allowed.
Affidavit (Annexure P1) along with postal receipt (Annexure P2) are taken on record.
Criminal Writ Petition No. 1511 of 2011
The present writ petition has been filed under Article 226 of the Constitution of India praying that a direction be issued to the respondents to allow emergency parole to the petitioner for pre and post management of a surgery, which is to be performed upon his wife. It is stated in the petition that Smt. Kali Bai, wife of the petitioner, is suffering from Hydatid Cyst Liver and she requires immediate surgery. It is further stated that there is no male member in the family, except the petitioner, to look after his ailing wife.
Learned counsel for the respondents has submitted that in order to curb the submission of false medical certificates, the Government of Punjab had issued the instructions dated 29.4.2003 (Annexure R2), according to which the medical certificate, submitted on behalf of the prisoner, is to be scrutinized by the Committee consisting of District Magistrate, Senior Superintendent of Police and Civil Surgeon concerned and in case of emergency, the concerned Civil Surgeon has to verify the serious illness and on his recommendations only, the Superintendent (Jail) shall take necessary action for granting emergency parole to the prisoner.
During the course of arguments, learned counsel for the petitioner has stated that the petitioner will submit the medical certificate, issued by the doctor regarding the illness of his wife, along with all the necessary documents to the Superintendent, Central Jail, Bathinda, within a period of one week from today. Learned counsel for the State has submitted that in case the petitioner does so, the Superintendent, Central Jail, Bathinda, will immediately forward the said documents along with a request to the concerned Civil Surgeon to send the report regarding medical status of the wife of the petitioner. He has further submitted that as and when the report is received from the concerned Civil Surgeon, the decision regarding release of the petitioner on emergency parole shall be taken up within a period of two weeks thereafter.
In view of the statements made by learned counsel for the parties and the observations made above, the present writ petition is disposed of.
A copy of this order, duly attested by the Court Secretary of this Court, be furnished to Mr. K.D.S. Sidhu, Additional Advocate General, Punjab, for onward transmission and compliance.