Amir Singh v. State Of Haryana And Others

2023:PHHC:078097 In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-4418-2023 (O&M) Date of Decision:-29.05.2023 Amir Singh ... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. R.S.Dhull, Advocate, for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

***** GURVINDER SINGH GILL, J.(Oral) The petitioner assails order dated 23.4.2023 (Annexure P-1) passed by the Divisional Commissioner, Division Karnal, District Karnal, vide which an application submitted by petitioner seeking grant of parole had been declined.

Pursuant to issuance of notice of motion, reply by way of affidavit of Mr. Sanjay Bangar, Superintendent Jail, District Jail Kaithal, has been filed. The same is taken on record. A copy of the same has been furnished to learned counsel opposite.

MOHAN SINGH 2023.05.29 16:58 I attest to the accuracy and authenticity of this order/judgment

CRWP-4418-2023 (O&M) ( 2 ) 2023:PHHC:078097 A perusal of the impugned order indicates that the same had been declined on the basis of a report of District Magistrate to the effect that there is likelihood of breach of public peace or threat to State security. However, no details are forthcoming as to on what basis the said opinion had been formed. The order has been passed more or less in a mechanical manner. As such, while setting aside the impugned order, it is directed that the authorities concerned shall consider the case afresh particularly in light of decision dated 25.4.2022 passed by this Court in CRWP-1350 of 2022 titled as Phool Kumar Vs. State of Haryana and others and shall pass a speaking order expeditiously, preferably within a period of 3 weeks from today.

29.05.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.05.29 16:58 I attest to the accuracy and authenticity of this order/judgment