Punjab-Haryana High Court
Azad Singh vs State Of Punjab And Ors on 7 May, 2024
Neutral Citation No:=2024:PHHC:063448
CRWP-3105-2024 --1--
290 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-3105-2024
Decided on:-07.05.2024
Azad Singh ....Petitioner..
vs.
State of Punjab and others ....Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Dr. Bandana Trikha, Advocate,
for the petitioner (joined through video-conferencing).
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Dharam Chand Mittal, Senior Panel Counsel,
for respondent No.4-UOI.
*****
HARKESH MANUJA J. (Oral)
1. By way of present petition filed under Article 226 of the
Constitution of India, prayer has been made for issuance of direction to the
respondents to allow the emergency parole for four or six weeks to the
petitioner in terms of Section 3(1) (d) of the Punjab Good Conduct Prisoners
(Temporary Release) Act, 1962 (for short, "1962 Act"), subject to the
satisfaction of District Magistrate, Fatehgarh Sahib on the adequate
surety/security bonds, besides, challenging the order/communication dated
15.03.2024 (Annexure P-2).
2. Notice of motion in the present case was issued on 08.04.2024
while passing the following order:-
"By way of present petition filed under Section 226 of
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the Constitution of India, prayer has been made for setting aside
the order dated 15.03.2024 passed by respondent No.3, whereby
the petitioner has been declined emergency parole of house
repair.
2. The aforesaid prayer has been declined for the
following reason:-
"The Superintendent Central Jail, Patiala, has rejected his
application annexed at Annexure P-2, that the petitioner is not eligible
for parole because an email has received from the Home Department of
the Indian Government addressed to the Head office of the Department
of Prison, Chandigarh, Punjab, that Convict Gurmej Singh transferred
from the UK to India under the Indo-UK Agreement on transfer letter
no 7255 dated 31.07.2020 cannot be granted parole until he is shifted
to open jail. So in reference to the abovementioned case, the
Superintendent jail has rejected the petitioner's application for regular
parole, that he will also be granted parole when he is shifted to an open
prison."
3. Along with the present petition, the petitioner has placed
on record a judgment dated 11.04.2023 passed in CRWP No.8025
of 2021 titled 'Azad Singh vs. The State of Punjab & Others'
wherein the petitioner was previously granted emergency parole
for two weeks though a similar objection was raised at the
instance the respondents.
4. It appears that respondent No.3 did not even care to
consider the judgment dated 11.04.2023 passed by this Court
under similar circumstances and, thus, has compelled the
petitioner to approach this Court again in direct violation of the
said judgment which was even inter se parties.
5. Notice of motion for 09.04.2024.
6. Upon advance notice, Mr. Siddharth Sandhu, Asstt.
A.G., Punjab appears and accepts notice on behalf of respondent
Nos.1 to 3. Mr. Dharam Chand Mittal, Senior Panel Counsel for
Union of India appears on behalf of respondent No.4.
7. Respondent No.3 is also put to show cause notice as to
why proceedings be not initiated against him for showing willful
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disrespect towards the judgment dated 11.04.2023 passed by this
Court. Respondent No.3 is also directed to remain present before
this Court on the date fixed i.e. tomorrow."
In pursuance thereof, the District Magistrate, Fatehgarh Sahib as
well as the Superintendent, Central Jail, Patiala appeared before this Court
and informed that in view of restriction on release of jail inmates on parole
during the Model Code of Conduct issued by the Election Commission of
India, in terms of letter dated 10.04.2018, the petitioner could not be granted
the benefit.
3. Faced with this, on 02.05.2024, the following order was passed:-
"Learned State counsel seeks time to apprise the Court as to
whether any parole under the provision of The Punjab Good Conduct
Prisoners (Temporary Release) Act, 1962 has been granted in favour
of any convict/jail inmate in the past 05 years during the period when
Model Code of Conduct in view of Election was in place. Necessary
record being maintained regarding grant of parole for the
aforementioned specific period be also produced.
List on 03.05.2024."
Thereafter, on 03.05.2024, the office of District Magistrate,
Fatehgarh Sahib provided the list of 4/5 jail convicts, who were granted
emergency parole during the Model Code of Conduct relating to the last
parliamentary election as well as the legislative assembly election in the
State of Punjab and as such on 03.05.2024, the following order was passed:-
"Pursuant to previous order dated 02.05.2024, learned
State Counsel informs that during General Lok Sabha
Elections-2019, parole was granted to four (04) jail inmates. In
this regard, learned State Counsel relies upon an undated
communication received from the office of District Magistrate,
Fatehgarh Sahib, the same is taken on record as Mark-X;
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Registry to tag / paginate the same at appropriate place in the
paper-book.
The aforesaid information shows that an exception has
been carved out selectively, which is evidently discriminatory. A
cumulative analysis of the circumstances pertaining to the case
in hand reflects that the petitioner is being unnecessarily
harassed for no reasons as the authorities concerned have
failed to exercise the jurisdiction vested in them.
Learned State Counsel prays for a day's time to
responed in the matter.
List on 07.05.2024.
Respondent Nos. 1 to 3-State of Punjab are put to show
cause as to why costs of Rs. 5 lakhs be not imposed upon in this
case for creating hurdles in the apparent justifiable cause put
forth by the petitioner and also for compelling him to approach
this Court for no justified reasons and only because of inaction
on the part of respondents."
4. Today, an affidavit dated 07.05.2024 of Mr. Manjit Singh Sidhu,
Superintendent, Central Jail, Patiala on behalf of respondents-State has been
filed in Court today, wherein, it has been stated that the petitioner has been
allowed emergency parole for a period of two weeks and has been released
from Central Jail on 06.05.2024 with the direction to surrender on
21.05.2024. The relevant paragraph of the said affidavit is reproduced
hereunder:-
"4. That it is further humbly submitted that the parole case of
the petitioner has been allowed by the respondent No.2 vide their
letter No/727-29/Peshi-1 dated 04.05.2024 and further in
compliance of the release warrants issued in reference to the
above state release orders, the petitioner has been released for a
period of 02 weeks from Central Jail Patiala on 06.05.2024 and
the petitioner has been directed to surrender at Central Jail
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Patiala on 21.05.2024 after the completion of his parole. Copy of
the above stated order is annexed herewith as Annexure R-1."
5. From the facts and circumstances narrated above as well as
perusal of the case file, it is apparent that the conduct of the official-
respondents has not been fair either to the Court or even to the petitioner,
who is repeatedly compelled to approach this Court just for grant of benefit
of parole, though the same is part of his statutory rights flowing from the
provisions of 1962 Act, besides forming part of the statutory functions
vested with the official respondents. The record further shows that no
document what so ever has been brought to the notice of this Court, which
absolutely prohibits grant of parole when Model Code of Conduct is in
force. Besides it, the rights of convict for parole during the Model Code of
Conduct have already been exposited by this Court vide decision dated
28.03.2019 passed in CWP-7732-2019, titled as "Banti vs. State of Haryana
and others".
6. Keeping in view the above, I am of the considered opinion that the
order dated 15.03.2024, is not legally sustainable and is accordingly set
aside.
7. Consequently, the petition is allowed and petitioner-Azad Singh is
granted the parole for a period of 06 weeks w.e.f. 06.05.2024, including two
weeks' parole already granted vide order dated 04.05.2024 passed by
learned District Magistrate, Fatehgarh Sahib (during the pendency of present
petition), subject to the condition that he would report to the Station House
Officer of the concerned Police Station once in every week on Monday. The
petitioner is further directed to surrender before the Central Jail Patiala on
18.06.2024.
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8. In the present case, the official respondents have failed to
perform their statutory obligations, compelling the convict/individual to
approach this Court just for the purpose of availing the statutory rights of
release on parole, causing unnecessary litigation before this Court, which is
already burdened. Additionally, not only previous judgments of this Court
on the same point of law have been blatantly ignored but unacceptable
excuses were provided to justify the undeniable. In view of the same, the
erring officer (respondent No.2) is burdened with costs of Rs.50,000/-.
9. Pending application(s), if any also stand(s) disposed of.
07.05.2024 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/ No
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