Parole--Every breach of peace does not lead to public disorder--Maintenance of public order is intended to prevent grave public disorder.

S.S.Saron, J.

1. On the last date of hearing fresh notice was issued to Sub Divisional Magistrate, Rajouri Garden, Delhi (respondent no.2). Notice was given dasti. Learned counsel for the petitioner has submitted the dasti notice showing that the same has been served. It is submitted that a copy of the order dated 08.05.2017 passed by this Court wherein a responsible official of the office of Sub Divisional Magistrate, Rajouri Garden, Delhi (respondent no.2) was asked to be present in Court along with the records of the case, was also served. However, no one has appeared for the Sub Divisional Magistrate, Rajouri Garden, Delhi (respondent no.2). Therefore, he is proceeded against ex parte.

2. Heard learned counsel for the parties.

3. Criminal writ petition has been filed by the petitioner for releasing him on parole in pursuance of the order dated 07.04.2016 (Annexure P-1) passed by the office of Sub Divisional Magistrate, Rajouri Garden, Delhi (respondent no.2). In terms of the said order, the Sub Divisional Magistrate, Rajouri Garden (respondent no.2) ordered that Baljit Singh (petitioner) may be released on parole subject to conditions as mentioned therein. Despite the said order dated 07.04.2016 (Annexure P-1), it is submitted that the petitioner has not been released. Therefore, he has filed the present petition.

4. Notice of motion has been issued.

5. Two sets of replies have been filed on behalf of State of Punjab through the Director General of Police, Jail Department, Punjab Chandigarh and Superintendent, Central Jail, Patiala (respondents no.1 and 3 respectively). Initially, reply by way of affidavit dated 12.09.2016 of Sh. Gurcharan Singh Dhaliwal, PPS, Deputy Superintendent, Central Jail, Patiala on behalf of respondents no.1 and 3 was filed. Thereafter, another reply by way of short affidavit dated 06.03.2017 has been filed by Sh. Manjeet Singh Sidhu, PPS, Deputy Superintendent, Central Jail, Patiala also on behalf of respondents no.1 and 3.

6. In terms of the initial reply dated 12.09.2016 filed by Sh. Gurcharan Singh Dhaliwal, Deputy Superintendent, Central Jail, Patiala, it is inter alia mentioned that the petitioner was admitted on his transfer from Central Jail, Amritsar in Central Jail, Patiala as a convict in case FIR No.5 of 2010 registered at Police Station S.S.O.C. Amritsar for the offences under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' - for short) as also under Sections 411, 467, 468 and 471 Indian Penal Code ('IPC' - for short). He was convicted and sentenced by the learned Additional Sessions Judge, Amritsar to undergo rigorous imprisonment for twenty years; besides, pay a fine of Rs.2 lacs and in default thereof undergo simple imprisonment for two years for the offence under Section 21 NDPS Act. He was also sentenced to rigorous imprisonment for varying terms and pay a fine; besides, undergo imprisonment in default of payment of fine for the offences under Sections 411, 467, 468 and 471 IPC. All the sentences were ordered to run concurrently. CRA No.D-515-DB of 2012 against the said conviction and sentence is pending in this Court.

7. The petitioner made a request for grant of four weeks parole under Sections 3 and 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962 ('Act'-for short). Section 3 of the Act requires a report from the concerned District Magistrate, so that further action may be taken by the Jail Authorities. The Superintendent, Central Jail, Patiala vide letter no. 13613 dated 15.10.2015 sent the parole application of the petitioner to the District Magistrate, New Delhi as per the address given in the Panchayatnama. A request was made to conduct verification in the terms of the judgment passed by this Court in Criminal Misc. No. 34013 of 2009, decided on 26.04.2010. The order passed in the said case requires that verification report on an application for parole of the convict should be considered by the District Magistrate wi