The petitioner was not entitled to be released on house repair parole again within a short period of time as per the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and the Rules.

Ram Chand Gupta, J.

1. The present petition has been filed under Article 226 of the Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 , (hereinafter to be referred as the `Act) for issuance of directions to the respondents to release the petitioner on house repair parole for four weeks by quashing letter No. 4774 dated 16.4.2010, Annexure P1, passed by respondent No. 2, declining parole to petitioner.

2. I have heard learned counsel for the parties and have gone through the whole record carefully.

3. It has been contended by learned counsel for the petitioner that petitioner has been undergoing sentence in District jail, Karnal, in FIR No. 332, dated 17.11.2005, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Nissing, District Karnal. Further contends that he had made an application to respondent No. 3 in the month of February 2010 for release on parole for effecting rapair in the house and the same was duly forwarded by Superintendent jail to respondent Nos. 2 and 4 and, however, District Magistrate, Karnal, respondent No. 4, did not recommend the release of petitioner on parole, on the basis of investigation got conducted through Superintendent of Police, Karnal, on the plea that house of the petitioner does not require any repair. It is further contended that the said report is without any basis as petitioner is the best judge as to whether his house requires repair or not.

4. On the other hand, it has been contended by learned State counsel that under the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, (hereinafter to be referred as the `Rules) parole for house repair is granted only once in three years. It is further contended that petitioner has already availed four weeks parole from 10.8.2009 to 8.9.2009 after conviction and that he has undergone only three years, five months and 1 day of the sentence including undertrial period as on 17.9.2010. Further contended that the letter was duly enquired into by the competent authority, i.e., District Magistrate, Karnal, as per the Rules and it came during enquiry that the house of petitioner does not require any repair. It is further contended that a speaking order has been passed by the competent authority, i.e., Commissioner, Rohtak Division, Rohtak, Annexure R-2/T, declining parole to petitioner and that petitioner cannot claim to be released on parole as a matter of right, as it is only a concession given to a convict for good conduct and on certain conditions provided under the Act and the Rules.

5. Section 3 of the Act provides for temporary release of a prisoner on certain grounds, which reads as under:-

"Temporary release of prisoners on certain grounds. - (1) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the Official Gazette 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 prisoners family had died or is seriously ill; or the prisoner himself is seriously ill; or

(b) the marriage of the prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sisters 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 any other agricultural operation on his land or his fathers undivided land actually in possession of the prisoner; or

(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 grounds specified in clause (a) of sub section (1), three weeks;

(b) where the prisoner is to be released on the ground specifie