High Court Summons Punjab's Principal Jail Secretary Over Failure To File Compliance Report On Directions To Release Prisoners On Parole

The Punjab & Haryana High Court on Thursday directed the Punjab's Principal Secretary Jails to remain present in the Court on the next date of hearing, to explain as to why the report in compliance of various directions issued by full bench for parole release of inmates was not filed.A full bench in September, 2024 while issuing slew of direction on release of the inmates on parole had held that merely finding mobile phones in possession of prisoners, without cogent evidence, would not be sufficient to deny parole.Justice Anupinder Singh Grewal and Justice Sumeet Goel noted that although compliance report was received from the Director General of Prisons, Haryana on 20.09.2024, but no such report was received from the State of Punjab till date."Accordingly, we direct the Principal Secretary Jails, Government of Punjab to remain present in the Court on the next date of hearing, to explain as to why the report in compliance of the directions of the Full Bench has not been submitted till date," added the Court. A five-judge bench of Justice Sureshwar Thakur, Justice Deepak SIbal, Justice Anupinder Singh Grewal, Justice Meenakshi I. Mehta and Justice Rajesh Bhardwaj had said, "...principle of fair trial, quartered within the domain of Article 21 of the Constitution of India. Resultantly, the said constitutional norm, but cannot be breached, even in respect of a prisoner, who, during the term of his becoming inmated in the prison concerned, thus unauthorizedly possesses a mobile phone, whereupon, he is led to, in terms of the declaration of law, rather forfeit his espousal for his application of parole being allowed."The larger bench was constituted to decide a set of ten questions. The main question in the case was, "whether without any conviction becoming handed over by the regular Court concerned, the mere detection of unauthorized possession of a mobile phone from the prisoner concerned, does disentitle him to seek the privilege of parole, especially when even in heinous offence, subject to imposition of certain exacting conditions, the regular Courts of competent jurisdiction can grant bail to the accused concerned."Speaking for the bench Justice Thakur held that denying the privilege of parole to inmates who were found in possession of mobile phones is "unreasonable classification" and "arbitrary".The matter is now listed for March 06, further consideration.Mr. A.S. Pannu, AAG, Punjab.Mr. Anant Kataria, DAG, Haryana.Title: ACHAN KUMAR V/S STATE OF PUNJAB AND OTHERSClick here to read/download the order

High Court Summons Punjab's Principal Jail Secretary Over Failure To File Compliance Report On Directions To Release Prisoners On Parole

Aiman J. Chishti

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