J.S.SEKHON, J. - (1.) GURINDERVIR Singh, Warder, Central Jail, Jalandhar, has produced the original record. Jarnail Singh petitioner is undergoing imprisonment for life for offence under Section 302 of the Indian Penal Code under the orders of the learned Sessions Judge "Ferozepur. On the request of detenu's father namely Piara Singh, Superintendent Jail sponsored the case of the prisoner for four week's parole for house repairs under Section 3(1)(d) of the Punjab-Good Conduct Prisoners (Temporary Release) Act, 1962. The concerned authority rejected the request on 4-12-1989 on the basis of adverse report of the local authority. In this writ petition the petitioner alleges that the concession of parole was wrongly withheld on vague report of the local authority regarding breach of peace. It is further averred that there is no other adult male member in the family of the detenu except his old father, to effect repairs of the dilapidated house.
(2.) IN the return filed by Shri Daulat Singh, Chief Welfare Officer on behalf of the respondent state, it is averred that the detenu had committed three jail offences mentioned in Annexure, RI and that the case of the petitioner for four weeks parole initiated by the Superintendent, District Jail, Nabha, vide letter dated 22-11-1988 was rejected by the Inspector General (Prisons), Punjab on 4-12-1989 on the basis, of adverse report of the local police and the District Authority. The respondents had also filed affidavit of Inspector Surinder Singh of P.S. Mamdot and copy of the report of ASI Gurcharan Singh to the effect that Jarnail Singh, petitioner does not own any house in the area of village Gammewala Bhawra and thus there is no question of any repairs of the house being effected. As the details of report of the local police were not given in the return, the original record was called for and Shri Gurindervir Singh has produced the same today. I have perused the record carefully in the absence of the learned counsel for the parties. The perusal of original file shows that the concerned superintendent, Jail had initiated the case of the petitioner for four weeks parole on account of house repairs on the request of Piara Singh father of the petitioner to the effect that due to old age Piara Singh cannot repair his house and that Jarnail Singh prisoner is the only adult male member in the family to do so which in turn implies that the house may be belonging to Piara Singh father of Jarnail Singh prisoner. Thus affidavit of Inspector Surinder Singh or the report of ASI Gurcharan Singh to the effect that the prisoner does not own any house in village Gammewal Bhawra are of no consequence since they had not verified whether Piara Singh father of the prisoner owned any house in that village or not. The report of the local police or of the Distt. Magistrate, Ferozepur is not available on the original file produced by Gurindervir Singh. Under these circumstances it has to be assumed that the report of the local police must be to the same effect as the affidavit of Inspector Surinder Singh, Incharge of P. S. Mamdot or report dated 23-5-1990 of ASI Gurcharan Singh.
(3.) THUS , it appears that the concession of parole to the prisoner for house repairs has been withheld on the above referred vague reports of the local police which is certainly illegal and arbitrary as held by the apex Court in Bhagwat Saran and others v. State of U.P. and others, 1983(1) CLR 504. Consequently, by accepting this writ petition, the petitioner is directed to be released on four weeks parole for effecting house repairs from the date he furnishes requisite bonds to the satisfaction of the District Magistrate, Ferozepur, undertaking to surrender before the said authorities after the expiry of the said period.;