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B. S. WALIA, LALIT BATRA
Avdesh Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. context of the petition and conviction details. (Para 1 , 2 , 3) |
| 2. grounds for temporary release under the act. (Para 5 , 6) |
| 3. consideration of the grounds for denial of parole. (Para 9 , 10) |
| 4. significance of public order vs personal conduct. (Para 11 , 12) |
| 5. precedents impacting parole decision-making. (Para 13 , 14 , 15) |
| 6. critique of conjectural reasoning in denial. (Para 16) |
| 7. judgment outcome and directions for release. (Para 17 , 18) |
JUDGMENT
Mr. B.S. Walia, J. (Oral)
Prayer in the petition under Article 226 of the Constitution of India is for the setting aside of order Annexure P/2 dated 22.11.2022, passed by the District Magistrate, Sri Muktsar Sahib, i.e. respondent No.3 rejecting under section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short 'the Act'), the application of the petitioner for release on eight weeks parole on the ground that if the petitioner is released on parole he can indulge in activities of selling drugs which can give bad affect to the young generation besides on account of apprehension of breach of peace.
2. A perusal of the paperbook reveals that the petitioner was convicted in case FIR No.3 dated 04.01
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
The court established that denial of parole requires substantial evidence of potential danger to public order, not just apprehensions based on prior convictions.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
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