Crl.
Writ Petition No.493 of 2013 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.
Writ Petition No.493 of 2013 Date of decision.
14.03.2013 Balbir Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE Mr.JUSTICE VIJENDER SINGH MALIK Present:- Ms.Rahish Pahwa, Advocate for the petitioner.
Mr.Amit Chaudhary, DAG, Punjab for the State.
--- Vijender Singh Malik, J.
Balbir Singh, the petitioner has brought this petition under Article 226 of the Constitution of India for issuance of a writ directing the respondent to release him on parole for a period of fifteen days for the purpose of marriage of his sister, under the provisions of section 3(1)(d) of the Haryana Good Conduct Prisoners(Temporary Release) Act, 1988.
Crl.
Writ Petition No.493 of 2013 --2-- Learned counsel for the petitioner has submitted that the marriage of the sister of the petitioner is due on 17th and 18th March, 2013 and he being a brother is required to attend the said marriage.
According to her, under the provisions cited above, the petitioner is entitled to be granted temporary release.
FiRs.of all this petition is not maintainable under the provisions of the Haryana Good Conduct Prisoners(Temporary Release) Act, 1988.
This is a case of Punjab and the petitioner could seek his release under the provisions of the Punjab Good Conduct Prisoners (Temporary Release ) Act, 1963.
Under the Punjab Act temporary release is not permissible to attend the marriage of a sister and it allows temporary release only in case of marriage of son or daughter.
The provisions of the Haryana Act have been quoted only because in the same sister's marriage is also one of the grounds, on which temporary release could be sought.
Learned counsel for the petitioner has submitted that temporary release can be allowed on any other sufficient cause under section 3(1)(d) of the Punjab Act.
When the temporary release on the ground of marriage is provided as a separate class and if the marriage of the person claimed is not there in that clause, marriage of any other relation cannot fall within the expression sufficient cause.
Crl.
Writ Petition No.493 of 2013 --3-- In these circumstances, even if the matter is considered under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1963, the petitioner cannot be allowed the concession .
Hence the petition deserves to be dismissed and is dismissed as such.
March 14,2013 ( Vijender Singh Malik ) dinesh Judge