Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1223

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, J.
Jagdish Kumar - Appellant
Versus
State Of Punjab & Ors. – Respondents
CRWP No. 430 of 2022
Decided On : 19-01-2022

Advocates:
Mr. P.S.Sekhon, Advocate for the Appellant; Mr. Bhupender Beniwal, AAG, Punjab.

The court upheld the right to emergency parole for family events while ensuring necessary security measures.

Headnote:
Mandamus - Emergency Parole - Punjab Good Conduct Prisoners (Temporary Release) Act, 1962
Fact of the Case:

The petitioner filed a petition under Article 226 of the Constitution of India and the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, seeking emergency parole to attend his son's marriage.
Finding of the Court:

The court granted the petitioner parole from 20.1.2022 to 24.1.2022 to attend his son's marriage, directing the deployment of armed escorts for transportation and security.
Issues: Emergency parole for attending family events, coordination between jail authorities and police for security arrangements.
Ratio Decidendi: The court balanced the petitioner's right to attend his son's marriage with the need for security, directing specific arrangements for transportation and security during the parole period.
Final Decision: The petition was disposed of with the grant of emergency parole and specific directives for transportation and security arrangements.

JUDGMENT

S Ureshwar Thakur , J. (Oral) - (Through video conferencing)

1. The present petition has been filed under Article 226 of the Constitution of India read with the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for issuance of a writ in the nature of mandamus hence directing the respondents to release the petitioner on emergency parole for one month, in order to enable him to make arrangements, and, to attend the marriage of his son, which is scheduled for 23.1.2022.

2. Heard.

3. The petitioner is granted parole w.e.f. 20.1.2022 uptil 24.1.2022, for the afore purpose. The Senior Superintendent of Police concerned is directed to deploy armed escorts alongwith the petitioner, to ensure his transportation from the jail concerned, to the venue of the marriage, of his son, at Village Khillan, Tehsil, and, District Mansa, hence scheduled for 23.1.2022. The Superintendent of Jail concerned, and, also the Senior Superintendent of Police concerned, shall coordinate, with each other, to ensure that armed guards are deployed from 20.1.2022 upto 24.1.2022, alongwith the petitioner, from the jail upto the venue of the marriage, besides the armed guards shall stay alongwith the petitioner, at the venue concerned, and, thereafter, on 24.1.2022, they shall ensure his retrieval to the jail concerned. The relevant transportation charges shall be borne by the State of Punjab, whereas, the expenses towards the board, and, lodging of the armed escorts shall be borne by the petitioner.

4. The petition is disposed of accordingly.

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