Jaswinder Singh @ Prince vs State Of Haryana And Others

Gurvinder Singh Gill, J

The petitioner challenges report dated 28.9.2022 passed by respondent No.2 – District Magistrate, Ambala, District Ambala vide which respondent No.2 has not recommended the case of petitioner for grant of furlough.

Learned counsel for the petitioner contends that the reason assigned in the impugned report for declining the case of petitioner for grant of furlough is rather absurd inasmuch as the said impugned report was made in the month of September 2022 while relying upon the report of Superintendent of Jail, Ambala to the effect that in case the petitioner is released on furlough there is possibility that he may commit some crime and situation is tense since Independence Day is approaching. It has been contended that since Independence Day celebrations had already been held on 15.8.2022, therefore, apprehension of the police authorities that the petitioner could hamper peace on Independence Day, no longer survived in the month of September/October.

Reply by way of affidavit of Shri Sanjeev Patter, Superintendent, Central Jail, Ambala has been filed by learned State counsel, which is taken on record. A copy of order dated 7.10.2022 passed by Divisional Commissioner, Ambala, vide which the case of the petitioner for grant of furlough has finally been declined, pursuant to report dated 28.9.2022, is annexed as Annexure R-2. A stand has been taken in the aforesaid reply that after rejection of petitioner’s case for grant of furlough, the case of petitioner is now being considered for grant of parole and that necessary order would be passed in the same shortly.

This Court has considered the rival submissions addressed before this Court.

The reason assigned in report dated 28.9.2022 for not recommending the case of petitioner for grant of furlough on account of threat perception on Independence Day certainly does not hold ground inasmuch the Independence Day celebrations had already been held in the month of August, 2022, whereas the said report vide which the District Magistrate had not recommended the case of petitioner for grant of furlough was made in September, 2022. On the basis of said report, the Divisional Commissioner, Ambala has passed order dated 7.10.2022 declining the case of petitioner for grant of furlough, wherein also the reason regarding Independence Day approaching had been noticed. The said report i.e. report dated 28.9.2022 passed by respondent No.2 – District Magistrate, Ambala, District Ambala certainly is against the factual position inasmuch Independence Day celebrations had already been held. As such, the order dated 7.10.2022, based on such report cannot sustain and is set aside. The authorities concerned are directed to consider the case of petitioner afresh for grant of furlough in the shortest possible time preferably within a period of 1 month from today.

The instant petition stands disposed off accordingly.