JAGJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') read with Articles 226 and 227 of the Constitution of India, Smt. Jagjit Kaur has thrown a challenge to the purported exercise of the executive/statutory powers by respondents Nos. 1 to 3 in an unusual and unprecedented manner while releasing respondent No. 4 on parole under the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act') in utter defiance of the judicial indictment.

(2.) THE facts necessary for the disposal of this petition are that Dheeraj Pahwa, respondent No. 4 herein, was convicted by the Sessions Judge, Ambala, by judgment dated 9.2.1995 for committing the murder of Tejinder Pal Singh, the son of the petitioner herein, and sentenced to undergo life imprisonment. The convict was lodged in Central Jail, Ambala. He was released on emergency parole for a period of one week with effect from 1.3.1995 to 9.3.1995 to attend to his ailing mother, which period was extended by two weeks by order dated 7.3.1995 and further for a period of two weeks by order dated 21.3.1995. This period was again extended upto 4.5.1995 by order dated 5.4.1995 by the Additional Director General of Prisons, Haryana, to enable the convict of appear in B.A. Part II examination.

(3.) THE petitioner, who happens to be an unfortunate mother of the deceased said to have been murdered by respondent No. 4, has moved this petition that respondent No. 4 is obtaining his release on parole from time to time on fake grounds in collusion with the authorities. It has been further stated that during a raid conducted by the police of Shahabad, the mother of the convict was not found admitted in the hospital and the parole was obtained on false representation by forging record, and a case FIR No. 213 dated 12.7.1996 has been registered at Police Station Shahabad, for the offences under section 420, 467, 471 and 218, Indian Penal Code, against Dr. Bhaskar Gupta, in this respect. It has also been alleged that the appeal of the convict is pending disposal in this Court and bail has already been declined to him, but the convict is getting his release from the jail from the Executive Authorities for extraneous reasons, and has also been extending threats to the petitioner and his family members and the complaints made by the petitioner and her husband to the Authorities are of no effect.