Research › Search › Judgment

Punjab High Court · body

2018 DIGILAW 5 (PNJ)

Rakesh Kumar v. State of Haryana

2018-01-04

AMIT RAWAL, ANIL KSHETARPAL

body2018
JUDGMENT Mr. Amit Rawal, J. (Oral):- Mr. Ashish Yadav, Addl. A.G., Haryana has filed the reply byway of affidavit of Sh. Lakhbir Singh, Superintendent, Central JailAmbala/respondent Nos.1 to 3, which is taken on record. 2. Prayer made in the petition filed by convict-Rakesh Kumarunder Articles 226/227 of the Constitution of India read with Section 482of Cr.P.C., read with Section 3(1)(b) of the Haryana Good ConductPrisoners (Temporary Release) Act, 1988 (in short ‘the Act’), is for releasingthe petitioner on parole for a period of four weeks to perform the last ritualceremonies on account of demise of his father, namely, Khana Ram, whounfortunately expired on 26.12.2017. 3. Learned counsel for the petitioner submits that the petitioner isconfined in Central Jail Ambala owing to the conviction order dated06.04.2010 and the criminal appeal bearing No. CRA-D-503-DB-2010 ispending adjudication. He was taken under the control and care of JailAuthorities to perform the funeral ceremony of his father for 48 hours i.e.from 28.12.2017 at 9.20 a.m. to 30.12.2017 at 9.10 a.m. 4. He further submits that the Bhog Ceremony of his father isslated on 07.01.2018, thus, urges this Court for releasing the petitioner onparole for a period of two weeks to attend the Bhog Ceremony at HouseNo.3253/1 Sector 38-D, Chandigarh and also to perform the last rites bypouring the ashes into Holly Ganges at Haridwar. 5. Mr. Ashish Yadav, Addl. A.G., Haryana submits that thepetitioner has been designated as a hardcore prisoner as he was found to beusing mobile phone while undergoing the imprisonment and as per theAmendment Act 2012 and notification dated 01.10.2012, there are specialprovisions for releasing such prisoner on temporary basis and on furlough,details of which have been given in para 4 of the reply. He further submitsthat the same procedure can be adopted and followed for performing thelast rites. 6. We have heard the learned counsel for the parties andappraised the paper book. 7. It would be apt to reproduce the para 4 of the Reply, extractingthe notification dated 01.10.2012, which reads as under:- ‘’4. That the petitioner falls under the category of HardcorePrisoner. He further submitsthat the same procedure can be adopted and followed for performing thelast rites. 6. We have heard the learned counsel for the parties andappraised the paper book. 7. It would be apt to reproduce the para 4 of the Reply, extractingthe notification dated 01.10.2012, which reads as under:- ‘’4. That the petitioner falls under the category of HardcorePrisoner. As per Haryana Good Conduct Prisoners(Temporary Release) Act, 1988, Amendment Act – 2012,Notification 01.10.2012 after Section 5 of the principal act, thefollowing section shall be inserted, namely : - Section 5A- ‘’Special Provisions for Hardcore Prisoners-Notwithstanding anything contained in Sections 3 and 4,a hardcore prisoner shall not be released on temporarybasis or on furlough: Provided that a hardcore prisoner may be allowed toattend the marriage of his child, grand chilid or sibling;or death of his grand parent, parent, grandparent inlaws, parent in laws, sibling, spouse or child, under thearmed police excort, for a period of forty eight hours tobe decided by the concerned Superintendent Jail andintimation in this regard with full particulars ofhardcore prisoner being released, shall be sent to theconcerned District Magistrate and Superintendent ofPolice within twenty four hours.’’ Keeping in view the above said facts, being a hardcoreprisoner the petitioner was entitled for escorts guard for 48 hours in custody. Therefore, Superintendent, Central JailAmbala released the petitioner on dated 28.12.2017 at 9.20 amin custody of police escort guard for 48 hours with intimationto the District Magistrate, Chandigarh and Superintendent ofPolice, Chandigarh vide this office letter No.7864 dated27.12.2017. The police escort guard re-lodged the petitionerin this jail after 48 hours i.e. 30.12.2017 at 9.10 a.m.’’ 8. The proviso to the aforementioned notification do not prohibitthe hardcore prisoners to attend the certain functions, as enumerated therein, for a period 48 hours. In view of the stand taken by the State of Haryana, we dispose of the present petition by issuing a direction to theSuperintendent, Central Jail Ambala, to make necessary arrangements forthe purpose of attending the Bhog/Kriya Ceremony at House No.3253/1Sector 38-D, Chandigarh on 07.01.2018 and also for performing the lastrites by pouring the ashes into Holly Ganges at Haridwar, under properpolice escort, so that he may participate in last rites/rituals of his deceasedfather. After the requisite ceremonies are performed, he be re-lodged in the jail. 9. After the requisite ceremonies are performed, he be re-lodged in the jail. 9. It is made clear that the petitioner shall be in the care andcustody of police escort guard for a period of 48 hours with intimation tothe District Magistrate, Chandigarh, Superintendent of Police, Chandigarhand also to the District Magistrate, Haridwar.