Criminal Misc. No.M-15370 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-15370 of 2008 Date of decision : 18.11.2008 Kulwinder Singh @ Bittu .....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Girish Kumar, Advocate for the petitioner. Ms. Manjari Nehru, Deputy Advocate General, Punjab **** S. D. ANAND, J. The parole plea raised by the petitioner was declined by the competent authority vide order dated 17.1.2008 (Annexure R-II) by recording that “there is a threat to the national security on releasing the convict on parole as the convict is related to terrorism & abduction.” In recording that observation, the competent authority relied upon the following report (Annexure R-1) of the District Magistrate, Amritsar :- “On releasing him on parole there is threat to the national security as he is related to terrorism and kidnapping cases.” It is only in the course of the counter that respondents opted to aver that petitioner-prisoner had been convicted in the indicated cases. Though the grant of parole is not a right vested in a prisoner, it also cannot be said that a parole plea can be declined on the basis of a vague apprehension indicated by the District Magistrate. The principle of transparency validates the view that the authority competent to consider Criminal Misc. No.M-15370 of 2008 -2- **** the request of a prisoner under incarceration must announce to the applicant the reasons for disallowance thereof. The impugned order deserves invalidation as it fails the test of being self-contained and transparent. The petition shall stand disposed of with a direction to the Competent Authority to take a decision afresh on the parole plea of the petitioner – prisoner in the light of observations made in the fore-going para within one month from today. It will be for the State counsel to communicate the order to the Competent Authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. November 18, 2008 (S. D. ANAND) Pka JUDGE