Hardcore Prisoner Can Only Be Taken Out Under Armed Escort for Attending Marriage of His Relatives: Punjab & Haryana HC

The Punjab and Haryana High Court has observed that a hardcore prisoner can only be released under armed escort for attending the marriage of a relative for 48 hours, in accordance with Section 5A of the Haryana Good Conduct Prisoners Act, 1988 as amended in 2013. Justice Kuldip Singh of the Punjab & Haryana High Court observed that being convicted of kidnapping and murder, the petitioner fell under the category of hardcore prisoners under Section 2 of the Act and hence his case would be dealt with special provisions for hardcore prisoners under Section 5A. In view of provisions under Section 5A, the Court held that the prisoner, had the right to be taken to attend the marriage of his sister for 48 hours, but only under armed escort, considering the possibility that he may contemplate absconding, being sentenced to imprisonment till natural death. Section 5A of the Act reads as follows: Special Provisions for hardcore prisoners.- Notwithstanding anything contained in sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough: Provided that a hardcore prisoner may be allowed to attend the marriage of his child, grandchild or sibling; or death of his grandparent, parent, grandparent in-laws, parents-in-law, sibling, spouse or child, under the armed police escort, for a period of forty-eight hours to be decided by the concerned Superintendent Jail and intimation in this regard with full particulars of hardcore prisoner being released, shall be sent to the concerned District Magistrate and Superintendent of Police within twenty-four hours.