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PARVEEN versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Parveen v. State of Haryana & Ors. - CRM-2799-M-2007 [2007] RD-P&H 1175 (1 February 2007)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Misc. No.2799-M of 2007

Date of decision: January 18, 2007.

Parveen

...Petitioner(s)

v.

State of Haryana & Ors.

...Respondent(s)

Present: Shri Dhru Dayal, Advocate for the petitioner.

Surya Kant, J. (Oral)

The petitioner, who is a life convict under section 302 IPC, is aggrieved at the order dated 22.8.2006 (Annexure P2) passed by the Director General of Prisons, Haryana whereby his request for temporary release on parole for agricultural purposes has been turned down on the ground that no agricultural land is owned by him or his father.

It is not disputed by Learned Counsel for the petitioner that the petitioner or his father do not own any agricultural land. He, however, contends that some agricultural land has been taken on lease by his wife and father from one Mohinder Singh s/o Ram Swarup for a period of one year (2006-07) and as such the petitioner is entitled to be released on parole for agricultural purposes.

Section 3(i)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 reads as follows:- "the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or his father's undivided land actually in possession of the prisoner;" From the plain language of the statute, it is unequivocally clear that a prisoner can seek his temporary release on parole to carry out agricultural work provided that he owns the agricultural land and/or he is in cultivating possession of the undivided agricultural land owned by his father. There is no provision to release a prisoner on parole on the ground that his wife or parents have taken some agricultural land on lease.

If the plea taken by the petitioner is accepted, it shall amount to re-writing the Statute contrary to the legislative intentment behind it. That apart, it will lead to preparation of fake lease-deeds at the behest of ineligible prisoners to secure their temporary release.

Consequently, I do not find any merit in this petition.

Dismissed.

January 18, 2007. [ Surya Kant ]

kadyan Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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