CRWP-1442 v. STATE OF PUNJAB & Ors.

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. P.S. Bhinder, Advocate Present: Mr. P.S. Bhinder, Advocate for the petitioner. for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab ***** ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Petitioner has filed Petitioner has filed Petitioner has filed Petitioner has filed this petition under Articles 226 of this petition under Articles 226 of this petition under Articles 226 of this petition under Articles 226 of Constitution of India for issuance of a writ in the nature of certiorari for Constitution of India for issuance of a writ in the nature of certiorari for Constitution of India for issuance of a writ in the nature of certiorari for Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 06.01.2026, Annexure P quashing of order dated , passed by District , Annexure P-2, passed by District Magistrate, Patiala Patiala, vide which, the application of t he petitioner for grant of , vide which, the application of the petitioner for grant of parole has been declined. parole has been declined.

2. Learned counsel for the petitioner inter alia contends that the Learned counsel for the petitioner inter alia contends that the Learned counsel for the petitioner inter alia contends that the Learned counsel for the petitioner inter alia contends that the petitioner moved an application seeking temporary release (parole) for a petitioner moved an application seeking temporary release (parole) for a petitioner moved an application seeking temporary release (parole) for a petitioner moved an application seeking temporary release (parole) for a period of 08 weeks which was rejected in a mechanical manner on the ground period of 08 weeks which was rejected in a mechanical manner on the ground period of 08 weeks which was rejected in a mechanical manner on the ground period of 08 weeks which was rejected in a mechanical manner on the ground arole, the petitioner can again that in case the petitioner is released on parole, the petitioner can again that in case the petitioner is released on p that in case the petitioner is released on p indulge in the smuggling of psychotropic substances. Learned counsel for the indulge in the smuggling of psychotropic substances. Learned counsel for the indulge in the smuggling of psychotropic substances. Learned counsel for the indulge in the smuggling of psychotropic substances. Learned counsel for the GURPREET 2026.03.18 15:22 I attest to the accuracy and authenticity of this document. CRWP-1442- -2026 2 petitioner further contends that there is no legislative mandate to reject the petitioner further contends that there is no legislative mandate to reject the petitioner further contends that there is no legislative mandate to reject the petitioner further contends that there is no legislative mandate to reject the ly covered case of the petitioner on this ground and further his case is squarely covered case of the petitioner on this ground and further his case is square case of the petitioner on this ground and further his case is square - by the judgment passed by the Division Bench of this Court in CRWP-5395- by the judgment passed by the Division Bench of this Court in CRWP by the judgment passed by the Division Bench of this Court in CRWP Kulwinder Singh @ Taina vs. State of 2023 decided on 06.05.2024 titled as Kulwinder Singh @ Taina vs. State of Kulwinder Singh @ Taina vs. State of 2023 decided on 06.05.2024 titled as Punjab and Ors. and Jassa Singh @ Jassa vs. State of Punjab and Ors. Punjab and Ors. and Jassa Singh @ Jassa vs. State of Punjab and Ors. Punjab and Ors. and Jassa Singh @ Jassa vs. State of Punjab and Ors. Punjab and Ors. and Jassa Singh @ Jassa vs. State of Punjab and Ors. submits that Division Bench of this Court 2016(5) RCR (Criminal) 522 and submits that Division Bench of this Court submits that Division Bench of this Court 2016(5) RCR (Criminal) 522 has already considered the statutory provisions and has concluded that has already considered the statutory provisions and has concluded has already considered the statutory provisions and has concluded apprehension of involvement of the convict in other cases cannot be a sole apprehension of involvement of the convict in other cases cannot be a sole apprehension of involvement of the convict in other cases cannot be a sole apprehension of involvement of the convict in other cases cannot be a sole t ground for denying him the concession of temporary release. Relevant ground for denying him the concession of temporary release. Relevan ground for denying him the concession of temporary release. Relevan Kulwinder Singh @ Taina vs. State of Punjab and paragraph of judgment Kulwinder Singh @ Taina vs. State of Punjab and Kulwinder Singh @ Taina vs. State of Punjab and paragraph of judgment is reproduced herein below: Ors. is reproduced herein below: "10. Objectives of parole are twofold i.e. rehabilitation of "10. Objectives of parole are twofold i.e. rehabilitation of "10. Objectives of parole are twofold i.e. rehabilitation of offender and protection of society. The main purpose of parole offender and protection of society. The main purpose of parole offender and protection of society. The main purpose of parole is that prisoner can mainta in continuity together with his is that prisoner can maintain continuity together with his family, friends and community and at the same time to save family, friends and community and at the same time to save family, friends and community and at the same time to save prisoner from harmful effects of continuous prisoner life. prisoner from harmful effects of continuous prisoner life. prisoner from harmful effects of continuous prisoner life. Parole enables a prisoner to develop a feeling of self Parole enables a prisoner to develop a feeling of self Parole enables a prisoner to develop a feeling of self confidence that there is a life beyond prison. It h elps prisoner confidence that there is a life beyond prison. It helps prisoner to develop a sense of hope and active interest in his life with a to develop a sense of hope and active interest in his life with a to develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner. Competent authority can view to rehabilitate the prisoner. Competent authority can view to rehabilitate the prisoner. Competent authority can always impose sufficient and necessary conditions while always impose sufficient and necessary conditions while always impose sufficient and necessary conditions while granting parole. Gainful reference at this stage can be made to granting parole. Gainful reference at this stage can be made "Bansi Lal versus State the judgment of Coordinate Bench in "Bansi Lal versus State the judgment of Coordinate Bench in , where of Punjab & Others", 2016(4) R.C.R. (Criminal) 1017, where of Punjab & Others", 2016(4) R.C.R. (Criminal) 1017 it was observed as under :- "11. ..... During incarceration of a prisoner in jail after "11. ..... During incarceration of a prisoner in jail after "11. ..... During incarceration of a prisoner in jail after his conviction he is entitled for temporary re lease on his conviction he is entitled for temporary release on parole which though is a concession and not a right. parole which though is a concession and not a right. parole which though is a concession and not a right. However, in order to reform a prisoner a periodic However, in order to reform a prisoner a periodic However, in order to reform a prisoner a periodic temporary release on parole for short duration is temporary release on parole for short duration is temporary release on parole for short duration is necessary. This is a welfare measure in the interest of a necessary. This is a welfare measure in the interest of a necessary. This is a welfare measure in the interest of a prisoner ..... xx xx xx XX prisoner ..... xx xx xx XX 'Security of the State' out of the 15. The term 'Security of the State' out of the 'Security of the State' out of the expressions of 'law and order', and 'public order' is expressions of 'law and order', and 'public order' is expressions of 'law and order', and 'public order' is considered more grave. It may arise from within or considered more grave. It may arise from within or considered more grave. It may arise from within or outside the State. It is generally understood as an act of outside the State. It is generally understood as an act of outside the State. It is generally understood as an act of aggression from outside, or militant and terrorists aggression from outside, or militant and terrorists aggression from outside, or militant and terrorists operations engineered by foreign agencies. It can also perations engineered by foreign agencies. It can also perations engineered by foreign agencies. It can also be effected by passing of classified information like be effected by passing of classified information like be effected by passing of classified information like documents, secrets, maps etc. to foreign countries or documents, secrets, maps etc. to foreign countries or documents, secrets, maps etc. to foreign countries or through undesirable foreign links. An act which poses a through undesirable foreign links. An act which poses a through undesirable foreign links. An act which poses a GURPREET 2026.03.18 15:22 I attest to the accuracy and authenticity of this document. CRWP-1442- -2026 3 d as a threat threat to the State is to be considered as a threat threat to the State is to be considere affecting the security of the State. 'Public order', affecting the security of the State. 'Public order', affecting the security of the State. 'Public order', however, is synonymous with public safety. It is however, is synonymous with public safety. It is however, is synonymous with public safety. It is something more than mere law and order. Every breach something more than mere law and order. Every breach something more than mere law and order. Every breach of peace does not lead to public disorder. Maintenance of peace does not lead to public disorder. Maintenance of peace does not lead to public disorder. Maintenance of public order is intended to p revent grave public of public order is intended to prevent grave public disorder, which is not the same as maintenance of law disorder, which is not the same as maintenance of law disorder, which is not the same as maintenance of law and order. The latter is comparatively of a lesser and order. The latter is comparatively of a lesser and order. The latter is comparatively of a lesser gravity and in fact of local significance. An act which gravity and in fact of local significance. An act which gravity and in fact of local significance. An act which does not affect the public at large or has no impact on does not affect the public at large or has no impact on does not affect the public at large or has no impact on it, is not to be taken as an act affecting maintenance of ken as an act affecting maintenance of ken as an act affecting maintenance of public order. The distinction between law and order and public order. The distinction between law and order and public order. The distinction between law and order and public order is one of degree and extent of reach of the public order is one of degree and extent of reach of the public order is one of degree and extent of reach of the act in question on society. In the case of breach of law act in question on society. In the case of breach of law act in question on society. In the case of breach of law ved as and order it affects individuals directly involved as and order it affects individuals directly invol distinct from the public at large. This would raise a law distinct from the public at large. This would raise a law distinct from the public at large. This would raise a law and order problem only. The true test is the potentiality and order problem only. The true test is the potentiality and order problem only. The true test is the potentiality of the act in question. One act may affect some of the act in question. One act may affect some of the act in question. One act may affect some individuals and local persons while another though of a individuals and local persons while another though of a individuals and local persons while another though of a similar nature may impact the public at large. An act similar nature may impact the public at large. An act which disturbs the even tempo of life of the public at which disturbs the even tempo of life of the public at which disturbs the even tempo of life of the public at large affects the maintenance of public order. These large affects the maintenance of public order. These large affects the maintenance of public order. These aspects are to be considered by the concerned District aspects are to be considered by the concerned District aspects are to be considered by the concerned District Magistrates and competent authorities under Act while Magistrates and competent authorities under Act while Magistrates and competent authorities under Act while commend or not to recommend the commend or not to recommend the deciding to recommend or not to recommend the temporary release of a prisoner on parole and/or temporary release of a prisoner on parole and/or temporary release of a prisoner on parole and/or passing orders for temporary release by the competent passing orders for temporary release by the competent passing orders for temporary release by the competent authorities under the Act. The exercise is not to be authorities under the Act. The exercise is not to be authorities under the Act. The exercise is not to be lightly conducted and the concerned District Magistrate lightly conducted and the concerned District Magistrate lightly conducted and the concerned District Magistrate and/or the competent authorities are to apply their mind ompetent authorities are to apply their mind ompetent authorities are to apply their mind inputs received by inputs received by inputs received by recommending or passing an order as the case may be recommending or passing an order as the case may be recommending or passing an order as the case may be for temporary release of prisoners on parole." for temporary release of prisoners on parole." Manga (@ 11. A Division Bench of this Court in the case of Manga (@ 11. A Division Bench of this Court in the case of 2020(4) Singh Versus State of Punjab and others, 2020(4) Manga Singh Versus State of Punjab and others, R.C.R. (Criminal) 133 specifically held that merely because R.C.R. (Criminal) 133 specifically held that merely because R.C.R. (Criminal) 133 specifically held that merely because petitioner was involved in four other cases cannot be a valid petitioner was involved in four other cases cannot be a valid petitioner was involved in four other cases cannot be a valid ground by itself to deny release on parole. ground by itself to deny release on parole. the basis of the basis of the basis of 3 based on 12. As per impugned order dated 10.04.2023 based on 12. As per impugned order dated 10.04.202 the report of Senior Superintendent of Police, the report of Senior Superintendent of Police, the report of Senior Superintendent of Police, Ferozepur, it is observed that in case petitioner is Ferozepur, it is observed that in case petitioner is Ferozepur, it is observed that in case petitioner is released on temporary parole, he can indulge in released on temporary parole, he can indulge in released on temporary parole, he can indulge in smuggling of narcotics and he may also abscond during smuggling of narcotics and he may also abscond during smuggling of narcotics and he may also abscond during parole. On this basis, prayer for parole wa s rejected by parole. On this basis, prayer for parole was rejected by District Magistrate, Ferozepur by passing impugned District Magistrate, Ferozepur by passing impugned District Magistrate, Ferozepur by passing impugned order dated 10.04.2023 (Annexure P 2). Such mere order dated 10.04.2023 (Annexure P-2). Such mere apprehension is not a valid ground for rejection of apprehension is not a valid ground for rejection of apprehension is not a valid ground for rejection of application filed by petitioner seeking parole. Affidavit application filed by petitioner seeking parole. Affidavit application filed by petitioner seeking parole. Affidavit f Police, Zira and filed by Deputy Superintendent of Police, Zira and filed by Deputy Superintendent o impugned order dated 10.04.2023 Annexure P 2 do not impugned order dated 10.04.2023 Annexure P-2 do not come to the aid of the State justifying denial of parole to come to the aid of the State justifying denial of parole to come to the aid of the State justifying denial of parole to the question whether petitioner. Consideration of the question whether petitioner. Consideration of the question whether petitioner. Consideration of release of petitioner on parole is likely to endanger release of petitioner on parole is likely to endanger release of petitioner on parole is likely to endanger maintenance of public order has maintenance of public order has security of State or maintenance of public order has GURPREET 2026.03.18 15:22 I attest to the accuracy and authenticity of this document. CRWP-1442- -2026 4 clearly not been carried out by the competent authority. clearly not been carried out by the competent authority. clearly not been carried out by the competent authority. Cogent material to indicate the same rather than mere Cogent material to indicate the same rather than mere Cogent material to indicate the same rather than mere registration of various cases has to be available." registration of various cases has to be available."

4. Notice of motion. Notice of motion. , who is present in the Mr. Amrit Pal Singh Gill, DAG, Punjab, who is present in the Mr. Amrit Pal Singh Gill, DAG, Mr. Amrit Pal Singh Gill, DAG, State and justifies the order Court, accepts notice on behalf of respondents-State and justifies the order Court, accepts notice on behalf of respondents Court, accepts notice on behalf of respondents passed by respondent No.2. passed by respondent No.

5. Considering the peculiar facts and circumstances of the case and Considering the peculiar facts and circumstances of the case and Considering the peculiar facts and circumstances of the case and Considering the peculiar facts and circumstances of the case and Kulwinder Singh the judgment rendered by Division Bench of this Court in Kulwinder Singh the judgment rendered by Division Bench of this Cour the judgment rendered by Division Bench of this Cour @Taina vs. State of Punjab and Ors. And Jassa Singh @ Jassa vs. State of @Taina vs. State of Punjab and Ors. And Jassa Singh @ Jassa vs. State of @Taina vs. State of Punjab and Ors. And Jassa Singh @ Jassa vs. State of @Taina vs. State of Punjab and Ors. And Jassa Singh @ Jassa vs. State of , the impugned order Punjab and Ors. 2016(5) RCR (Criminal) 522 (supra), the impugned order Punjab and Ors. 2016(5) RCR (Criminal) 522 (supra) Punjab and Ors. 2016(5) RCR (Criminal) 522 (supra) dated 06.01.2026

06.01.2026, Annexure P-2, passed by District Magistrate, , is , passed by District Magistrate, Patiala, is hereby set aside, being unsustainable. hereby set aside

6. Consequently, the matter is remitted back to respondent No.2 to Consequently, the matter is remitted back to respondent No.2 to Consequently, the matter is remitted back to respondent No.2 to Consequently, the matter is remitted back to respondent No.2 to decide it afresh in view of the law discussed above, preferably within 4 weeks decide it afresh in view of the law discussed above, preferably within 4 weeks decide it afresh in view of the law discussed above, preferably within 4 weeks decide it afresh in view of the law discussed above, preferably within 4 weeks of receiving copy of this order. of receiving copy of this order.

7. Disposed of accordingly. Disposed of accordingly

17.03.2026 Gurpreet i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE GURPREET 2026.03.18 15:22 I attest to the accuracy and authenticity of this document.