Ladu Singh vs State of Punjab

G.S. Chahal, J.

Ladu Singh petitioner has come up in this petition with a prayer that he may be released on four weeks house repair parole. The petitioner had previously moved Crl. Misc. No. 14666M of 1991 in which a direction was issued by this Court for deciding the matter within two months. After this direction the matter was considered but his prayer was rejected. The report of the District Authorities on the basis of which the application has bee rejected reads as follows :

"Sir, it is submitted that Laddo s/o Kundu of village Rajoke committed murder in his own village and is undergoing sentence. According to present circumstances Laddo should not be granted leave, because they establish links with extremists in jail and expend extremism after coming on parole from jail. They also provide shelter to extremists. So release on parole to prisoner Laddo is not recommended."

The learned Counsel has urged that as per order dated 30th January, 1992, a direction had been issued by this Court to reconsider the case of the petitioner and if in fact some evidence is collected about the petitioner having developed contacts with the extremists only then the authorities shall be justified in refusing his prayer. However, the authorities have not collected any evidence as it is only on the basis of the allegations made by the wife of the deceased about receiving threats from the petitioner, the authorities have refused concessions.

I find force in the contention of the learned Counsel, statement of the wife of the deceased without any evidence to corroborate that allegation, the authorities were not justified in refusing concession. I hereby, accept this misc. application and direct that the petitioner shall be released on four weeks parole for house repair on furnishing of necessary bonds to the satisfaction of the District Magistrate, Amritsar.