IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-4834 of 2008
Date of Decision: November 04, 2008
Amrik Singh
... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE S.D. ANAND
Present : None for the petitioner.
Ms. Manjari Nehru, DAG, Punjab.
***
S.D. Anand, J.
The impugned order passed by the Competent
Authority, denying the parole plea of the petitioner – prisoner
deserves invalidation for the simple reason that it does not record
any reason on the basis whereof it opted to rely upon the report by
the District Magistrate (who, in turn, relied upon a similar report
furnished by the Senior Superintendent of Police concerned) to the
effect that the petitioner – prisoner “is habitual to sell drugs, after
coming from the prison he can start the business of smuggling”.
Though it is beyond the pale of controversy that a
prisoner cannot claim parole as of right, it also cannot be denied
that declining of parole request has to be based on sustainable
Crl. Misc. No. M-4834 of 2008 2
reasoning. The impugned order does not stand scrutiny in the
circumstances of the case. The inference drawn by the Competent
Authority is too far fetched and unsustainable on the fact of it
The petition shall stand disposed of with a direction to
the Competent Authority to take a decision afresh in the light of the
observations made by this Court in the foregoing paras of this
judgment. The exercise shall be concluded within one month from
today. It will be for the State counsel to communicate the order to
the Competent Authority.
Copy of the order be given to the learned State counsel
under the signatures of the Court Secretary.
November 04, 2008 ( S.D. Anand ) vkd Judge