STATE OF HARYANA Vs. GHASEETA RAM

JUDGEMENT

(1.) This appeal by Special Leave raises an interesting question about the scope of para 633-A of the Punjab Jail Manual (hereinafter referred to as the Manual) relating to cancellation of remission earned by a prisoner. The brief facts giving rise to the filing of this appeal are :

(2.) The respondent filed a petition in the High Court under Section 482, Cr. P.C. seeking quashing of the punishment imposed by the jail Supreintendent. District Jail, Bhiwani, on 17-9-1984 on various grounds but principally on the ground that the respondent could not be punished for the same offence twice. In the counter affidavit filed by the State in the High Court, the stand taken by the respondent was that the Jail Superintendent, in exercise of the powers under para 633-A of the Manual, after obtaining sanction of the Inspector General of Prisons was competent to impose the punishment and that the imposition of such a punishment did not offend the rule of double jeopardy.

(3.) The High Court found the following facts to be admitted between the parties: