Mr. S.S. Saron, J.: - The petitioner has filed this petition under Article 226 of the Constitution of India for directing Superintendent Central Jail, Ludhiana (respondent No. 2) to release him on emergency parole for four weeks to celebrate the marriage of his daughter namely Pawandeep Kaur fixed for 26.11.2015.

2. Notice of motion to A.G., Punjab.

3. On the asking of the Court, Mr. Arshwinder Singh, Addl. A.G., Punjab, accepts notice on behalf of the respondents-State.

4. Heard learned counsel for the parties.

5. The petitioner has been convicted in case FIR No. 58 dated 17.05.2012, registered at Police Station Raikot, District Ludhiana for the offence punishable under Section 302 IPC. He has been sentenced by the learned Sessions Judge, Ludhiana to undergo rigorous imprisonment for life, vide order dated 14.09.2015.

6. Aggrieved against the said conviction and sentence, the petitioner has filed CRA-D-1540-DB-2015 which is pending in this Court. The petitioner has been in custody and according to his custody certificate (Annexure P-2), he has undergone imprisonment for three years, four months and twenty five days as on 13.11.2015. The marriage of daughter of the petitioner is to be solemnized on 26.11.2015 for which he is entitled to parole. The Superintendent Central Jail, Ludhiana, vide order dated 13.11.2015 (Annexure P-1) has declined temporary release on parole to the petitioner, in view of the proviso to Rule 3 (2) of the Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963 (‘Rules’-for short) as the petitioner has not undergone four months in jail after his conviction on 14.09.2015. Aggrieved against the same the petitioner has filed the present petition.

7. Learned counsel for the petitioner submits that the provisions of the Rules are procedural in nature; besides the proviso is to be read in the context of Rule 3 (2) of the Rules and a substantive right available to a prisoner, in terms of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (‘Act’- for short) cannot be superseded.

8. In response, learned counsel for the State contends that the Rules have been framed, in terms of the provisions of Section 10 (2) (d) of the Act which provides the conditions on which and the manner in which prisoners may be released temporarily under the Act. It is submitted that the Rules provide for procedure for temporary release and an application for temporary release is not to be processed unless the prisoner had maintained good conduct at least for four months after conviction. It is then that an application for temporary release is to be considered. Therefore, according to learned State counsel, the order dated 13.11.2015 (Annexure P-1) is just and proper and in accordance with the provisions of the Act and the Rules.

9. We have given our thoughtful consideration to the matter. As has already been noticed the petitioner has been sentenced to life imprisonment. After his conviction on 14.09.2015 for the offence punishable under Sections 302 IPC, according to his custody certificate (Annexure P-2), he has undergone imprisonment of three years, four months and twenty five days till 13.11.2015. The custody certificate (Annexure P-2) issued by the Assistant Superintendent, Central Jail, Ludhiana mentions that there is no other case pending against the petitioner, besides, he has not misused bail/parole etc. In fact no parole has been granted to him after his conviction. He has undergone imprisonment from 19.06.2012 to 13.09.2015 as an under trial prisoner.

10. The provisions of the Act provide for temporary release of a prisoner for good conduct on certain conditions.

11. Section 3 (1) (b) of the Act which is relevant in the present case reads follows:-

“3. Temporary release of prisoners 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 su