Daya Kishan vs State of Haryana

S.K. Jain, J.

Daya Kishan, a life convict lodged in District Jail, Bhiwani, applied for his temporary release under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (thereinafter referred to as `the Act'') on 5.12.1991. It having been rejected, the prisoner has brought this petition under Section 482 Cr.P.C. seeking the said relief.

The State has filed reply and para No. 4 thereof reads as under :

"Para4. That in reply to para No. 4 of the petition it is submitted that the legal position of the case is explained in preliminary objections 1 to 2, wherein the District Magistrate is not legally bound to give the reason for dwelling on apprehension of breach of peace. The objections raised by the petitioner are not sustainable and as such the rejection order passed by the Additional Director General of Prisons upon the report of the District Magistrate who had based on the report of Superintendent of Police local police is not liable to be quashed as the District Magistrate is not legally under obligation to supply any reason or place on record the evidence to corroborate his version to prove that the report furnished to the Additional Director General of Prisons Haryana by him is not vague. A copy of the rejection order made by the Additional Director General of Prisons, Haryana, report of the District Magistrate and the police certification is attached as Annexure R1/Ta, Re/T2 and Re/T3 for the persual of the Hon''ble Court."

The District Magistrate has concurred with the police report, true translation of which is Annexure T3, para No. 2 thereof reads as under :

"On the subject cited above, enquiry has been got done from the Gram Panchayat and local police. It is revealed in enquiry that the recommendation of the release on parole of convict Daya Kishan s/o Bihari Lal is not made."

A prisoner can be denied the relief of parole under Section 6 of the Act, which is reproduced below for ready reference :

"Notwithstanding anything contained in Sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, the State Government or an officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order."

A perusal of the abovesaid provision of law would clearly show that a prisoner can be denied the concession of temporary release on parole under Section 3 of the Act for any of the purposes mentioned in subsection (1) thereof only if his release was likely to endanger the security of the State or the maintenance of the public order, if the Magistrate so certifies.

The report of the Superintendent of Police, Annexure T3 and that of the District Magistrate, Annexure T2 made sad reading. It seems that the provisions of the Act are alien to them and none of them has applied his mind to the facts of this case in the light of Section 3(1)(c) read with Section 4 of the Act. Therefore, it is a fit case where the respondents have to be directed to temporarily release the petitioner under Section 3(1)(c) of the Act forthwith for a period of six seeks on his furnishing necessary bonds to the satisfaction of District Magistrate, Bhiwani. JUDGMENTed accordingly. The petition is disposed of accordingly.