Judgment:
CRWP-176-2014 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-176-2014 Date of Decision: 12.02.2014 Pankaj Kumar ......Petitioner versus State of U.T.Chandigarh and others .........Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH Present: Mr.Balkar Singh, Advocate, for the petitioner.
Mr.Sukant Gupta, Addl.
P.P., for U.T.Chandigarh.
***** R.P.NAGRATH, J.
(ORAL) Prayer in the instant petition under Article 226/227 of the Constitution of India, is for setting aside the impugned order dated 30.01.2014 passed by respondent No.1 (Annexure P-1) and order dated 30.10.2013 (Annexure P-2) passed by respondent No.2 and further grant of furlough/parole for four weeks under Section 3 of Punjab good Conduct Prisoners (Temparory Release) Act, 1962 (as applicable to the UT Chandigarh) and Section 3 (1) (b) of Haryana Good Conduct PrisoneRs.(Temparory Release) Act, 1988, enabling the petitioner to attend the marriage of his real brother and make arrangements of the marriage, scheduled to be solemnized on 17.02.2014.
In the instant petition reliance has been placed on Section 3 (1) Nitin (b) of the Haryana Good Conduct PrisoneRs.(Temparory Release) Act, 2014.02.18 10:10 I attest to the accuracy and integrity of this document Chandigarh CRWP-176-2014 -2 1988, which reads as under:- “Section 3(1) (b) the marriage of prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sister's son or daughter is to be celebrated.”
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Section 3(2) (b) Where the prisoner is to be released on the ground specified in clause (b) or (d) of Sub Section (1) four weeks.”
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Learned State counsel submits that Punjab Act is applicable to U.T.Chandigarh and not the Haryana Act.
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 does not permit the release of prisoners on parole on the ground of marriage of his/her brother.
Sub-lause (b) of Section 3 (1) of the Punjab Act permits the release of prisoners on parole only on the ground of marriage of prisoneRs.son and daughter and not to any other relatives.
In view of the above there would be no merit in the instant petition and the same is dismissed.
The petitioner is at liberty to seek other appropriate remedy like furlough on the applicable ground/policy other than the marriage of brother of the petitioner.
(R.P.NAGRATH) JUDGE February 12, 2014 nitin Nitin 2014.02.18 10:10 I attest to the accuracy and integrity of this document Chandigarh