Taking note of the high number of litigations being filed in High Court by prisoners from Haryana for parole or furlough, Justice Rakesh Kumar Jain at the Punjab and Haryana High Court in a judgment Friday issued directions to jail superintendents and other concerned authorities to strictly follow the time frame and procedure in deciding the applications of the prisoners.
The single bench further said that court has noticed that a time frame is not being followed and also has been informed that the applications delivered by hand are not being registered, adding that in case an application is not taken up by the jail superintendent, the case should be then brought to the notice of the Member Secretary of the Legal Services Authority who would ensure the registration of the application. The District and Session Judges have been directed to supervise the process during their monthly visits to the jails.
The single bench in the order has clarified that the jail superintendent is only a reporting authority for such cases and their job is to prepare a report and submit it to the District Magistrate within five days for further process.
“As soon as the application is filed, the jail superintendent is directed to complete the process within 5 days by making his report to the District Magistrate. The District magistrate is further directed that when he receive the report of the Supdt Jail for the parole or furlough, as the case may be, he would complete his process within 21 days and forward the case with his recommendations to Divisional Commissioner, who is further directed to complete his process within 10 days,” the single bench order reads.
Justice Jain in the order said that directions have become necessary as the prisoners approach the High Court at the initial stage seeking directions to the Superintendent Jails for consideration of their application when the jail officer does not even have the authority to grant or refuse the parole except in cases of an emergency.