Criminal Misc. No.M-17361 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-17361 of 2008
Date of decision : 21.10.2008
Ajit Singh .....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr.A.S.Trikha, Advocate for the petitioner.
Mr. S.S.Mor, Senior Deputy Advocate
General, Haryana for respondent-State.
S. D. ANAND, J.
The parole plea of the petitioner-prisoner was declined by the
competent authority on the basis of a report made by the District
Magistrate, Gurgaon, to the effect that the arrival of the petitioner-prisoner
in the village on his release on parole was likely to lead to breach of peace.
The District Magistrate did not, however, indicate what exactly persuaded
him to take that view.
Though the grant of parole is not a right vested in a prisoner,
it also cannot be said that a parole plea can be declined on the basis of a
vague apprehension indicated by the District Magistrate. The principle of
transparency validates the view that the authority competent to consider
the request of a prisoner under incarceration must announce to the
applicant the reasons for disallowance thereof. The impugned order
deserves invalidation as it fails the test of being self-contained and
transparent.
Criminal Misc. No.M-17361 of 2008 -2-
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The petition shall stand allowed accordingly. The impugned
order is set aside. The competent authority is directed to pass an order
afresh within fifteen days from today in the light of the above observations
made by this Court. 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.
October 21, 2008 (S.D. ANAND) Pka JUDGE