IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15972 of 2008 Date of Decision: December 22, 2008 Naresh Kumar and others … Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : None for the petitioners. Ms. Manjari Nehru Kaul, DAG, Punjab. Mr. S.S. Mor, Sr. DAG, Haryana. S.D. Anand, J. A number of prisoners incarcerated in Jail in the State of Punjab addressed an application to this Court by post which was ordered to be taken up on judicial side and was registered as Crl. Misc. No. 15972 of 2000. The essential grievance, in the course thereof, was that the convicts of Nawanshaher, were facing the indicated difficulties in the expeditious disposal of the parole cases. In the light thereof, a report was ordered to be obtained from the Director General of Police, Prisons, Punjab, qua the allegations in the course of the complaint. As the matter involved a larger segment of prisons in the Crl. Misc. No. M-15972 of 2008 States of Punjab, Haryana and Union Territory, Chandigarh, this Court issued notice to the Law Officers of those States as well referring them to indicate the present and also the proposed methodology adopted in their respective spheres for the expeditious disposal of a parole/furlough plea. The States of Punjab, Haryana and Union Territory, Chandigarh, have filed their counters. The State of Haryana has indicated that a meeting in the context was hold by the Financial Commissioner & Principal Secretary to Government, Haryana Jails Department, on 25.06.2008. It was decided, in the course of the meeting, that the parole/furlough pleas would be disposed of within the stipulated period of 36 days in terms of Government Notification No. 38/10/94-1JJ(II) dated 16.03.1999 (Annexure R/I). It was also indicated that the verification of parole cases would be made by a Police Officer not below the rank of an Assistant Sub Inspector and that the concerned SP & SHO would apply their individual mind and make their own assessment before making their final recommendation about the grant of parole. It was further decided that if parole is not to be recommended, specific reason therefor would be indicated. It was further decided at the meeting that “while the need for parole of the convict may be attended to with compassion and the urgency it merits, the interests of the victims of the crime and the witnesses who deposed against the convict shall also be kept in mind.” In the course of the counter filed by the Union Territory, Chandigarh, the Chandigarh Administration, has also indicated the methodology adopted for the process of the parole/furlough pleas. It 2 Crl. Misc. No. M-15972 of 2008 has further been indicated that the District Magistrate, Senior Superintendent of Police and Station House Officer, within whose jurisdiction the place and places to be visited by the prisoner is or are situated are informed immediately to keep watch on the conduct and activities of the prisoner. In the Court of the counter filed by the State of Punjab, the particulars of the cases in which delay had occurred have also been indicated in Annexure R-1. In the light thereof, it is apparent that the rules adopted by both the States of Punjab and Haryana and also the Union Territory, Chandigarh, contain adequate provisions for expeditious and time bound disposal of the parole/furlough matters, though certain aberrations on point of delay do occur at times. Insofar as the protection of the complainant and the witnesses (who deposed at the trial against the prisoner released on parole) is concerned, the Competent Authority in both the States and the Union Territory of Chandigarh, would be well advised to issue instructions to the local police to maintain a tab on the movement of the prisoner (during the time he is in the village on parole) and also to take appropriate steps to ensure that the complainant and the witnesses are not harmed by the prisoner (on parole) in any manner. The petition shall stand disposed of accordingly. December 22 2008 ( S.D. Anand) vkd Judge 3