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High Courts(1997) 05 P&H CK 0096

Karam Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 May 1997 · Citation: (1997) 3 RCR(Criminal) 483

HON’BLE JUDGES
R.L.Anand, J
CASE NUMBER
Criminal Miscellaneous No. 9506-M of 1997

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Judgment

7 paragraphs · 350 words

R.L. Anand, J.

1.

Notice to the State.

On the request of the Court, Shri S.S. Patter, AAG, Haryana, accepts notice on behalf of the respondents.

2.

Shri Karam Singh petitioner has filed the present petition under Section 482 Cr.P.C. read with Article 226/227 of the Constitution of India for the grant of emergency parole in order to attend and perform the necessary ceremonies regarding the marriage of his adopted daughter Smt. Sunita and the said marriage is fixed for 12th May, 1997.

3.

I am not asking the State to file a written statement; otherwise, the very object of the present petition would be frustrated. It has been stated by the learned counsel for the petitioner at the bar that her client made a request for emergency parole on 29th April, 1997 and it has been straightaway rejected by the authorities on the ground that the case of adopted daughter is not covered under the provisions of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. This stand of the State is not correct. Once a child has been adopted by the adoptive parents, for all intents and purposes the adopted child takes the position of a natural child. I do not want to indulge in such controversy.

4.

The petitioner made a request to the authorities for the grant of emergency parole for the performance of ceremonies of the marriage of his adopted daughter Smt. Sunita on 29th April, 1997. As per the marriage card (Annexure P1), the marriage of Smt. Sunita is going to be solemnised on 12th May, 1997. As per customs of the society, the presence of the father is not only desirable, but is also necessary in order to perform the marriage ceremonies. In these circumstances, directions are given to the respondent authorities to pass appropriate orders for the release of the petitioner on emergency parole within four days from the receipt of the copy of this order. After performing the marriage of his daughter, the petitioner would surrender before the Jail Authorities on 1st June, 1997.

5.

Copy of the order be given asti.