ESSANG NYONG Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Mr. Aggarwal, DG (Prisons) says that fresh list of 243 cases along with the CRO certificate has been forwarded to the Chief Metropolitan Magistrate for fixing the date. Learned Chief Metropolitan Magistrate is present and says that she has not received the clarification as to what type of cases could be included under the definition of petty offences which are to be taken up at jail premises. These Courts were held in pursuance to the letter of the Chief Justice of India dated 2 9/11/1999. Para 2 of the said letter is reproduced as under:

(2.) The reading of this para clearly indicates in what context the word "petty offences" has been used in this letter.

(3.) Such cases in which prisoners are languishing in jail for a considerable time and after trial they are not likely to get severe punishment for the reason that the offences in which they are involved are petty or that they being first offenders may be entitled to the benefit of probation. The petty offence cannot be interpreted in a narrow sense because the question of prisoners languishing in jail would not arise unless/ of course, where the accused is granted bail but is unable to avail of it due to his being poor and underprivileged. It will defeat the very purpose for which this exercise is to be undertaken. In the context, in which, they are used in the letter, 'petty offences' will mean (i) minor offences where gravity of the offence is less and the punishment is not going to be very severe; or (ii) the offences in which the prisoners are involved being first offenders maybe entitled to benefit of probation; or (iii) may be let off by the Courts on payment of fine only.