JUDGMENT Mr. M.M.S. Bedi, J. (Oral) - Petitioner had been granted regular parole on 12.9.2014 and his next parole is due on 29.1.2015. His application for release on parole in order to enable him to attend the marriage of his son fixed for 22.11.2014 has been dismissed by the Superintendent, District Jail, Sangrur, vide order dated 22.10.2014, Annexure P4, on the ground that as per the rule there is no provision for parole on the basis of marriage of son. Order Annexure P4 dated 22.10.2014, has been questioned through the present petition filed under Article 226 of the Constitution of India, praying for 3 weeks emergency parole from 11.11.2014 to 30.11.2014 to enable him to attend the marriage of his son which is fixed for 22/23.11.2014. 2. Order Annexure P4 dated 22.10.2014, appears to be illegal having been passed in contravention to the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short ‘The Act’). 3. Section 3 of the Act is reproduced hereunder: - “3. Temporary release of petitioners on certain grounds.- (1) The State Government may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the State Government is satisfied that - (a) a member of the prisoner’s family had died or is seriously ill; or (b) the marriage of the prisoner’s son or daughter is to be celebrated; or (c) the temporary release of the prisoner is necessary for ploughing,, sowing or harvesting or carrying on ay other agricultural operation on his land and no friend of the prisoner or a member of the prisoner’s family is prepared to help him in this behalf in his absence; (d) it is desirable to do so for any other sufficient cause. (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) where the prisoner is to be released on the ground specified in clause (a) of sub-section (1), four weeks; (b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub- section (1), four weeks; and (c) where the prisoner is to be released on the ground specified in clause (c) of sub-section (1), six weeks. (3) The period of release under this section shall not count towards the total period of the release of a prisoner. (4) The State Government may be notification authorise any officer to exercise its power under this section in respect of all or any of the grounds specified therein.” 4. It is apparent that as per the provisions of Section 3 (1) (b) of the Act, a prisoner can be released temporarily by the State Government in consultation with the District Magistrate subject to any conditions and in such a manner as may be prescribed for a period specified in Section 3 (2) (b) of the Act which permits a prisoner to be released for a period of four weeks in connection with the marriage of prisoner’s son. 5. Section 6 as amended by Punjab Act 30 of 1978 reads as under: - “6.Cases where consultation with District Magistrate not necessary or where prisoners are not to be released. - Notwithstanding anything contained in Sections 3 & 4- (1) It shall not be necessary to consult the District Magistrate where the State Government is satisfied that the prisoner maintained good conduct during the period of his earlier release under any of the aforesaid sections; and (ii) no prisoner shall be entitled to be released under this Act, if on the report of the District Magistrate, where consultation with him is necessary, the State Government or an officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or maintenance of public order.” 6. Perusal of amended Section 6 of the Act suggests that it is not necessary to consult the District Magistrate where the State Government is satisfied that a prisoner maintained good conduct during the period of his earlier release under any provision of the Act and that in case the release of a prisoner is likely to endanger the security of the State or maintenance of public order, the parole under the Act can be declined. Order Annexure P4 dated 22.10.2014, does not indicate that the petitioner has been debarred from claiming benefit of Section 3 (1) (b) of the Act for any of the reasons mentioned in Section 6 (2) of the Act. 7. Order Annexure P4 dated 22.10.2014, does not indicate that the petitioner has been debarred from claiming benefit of Section 3 (1) (b) of the Act for any of the reasons mentioned in Section 6 (2) of the Act. 7. Counsel for the petitioner has stated that the prisoner has been getting the benefit of parole regularly without having committed any breach of condition of parole. 8. In view of above circumstances, Order Annexure P4 dated 22.10.2014, being illegal having been passed contrary to the provisions of law is set aside. 9. The petition is allowed. It is ordered that the petitioner will be released on emergency parole for a period of one week to enable him to attend the marriage of his son w.e.f., 19.11.2014 to 25.11.2014 subject to the conditions as per law. ---------0.B.S.0------------ —————————