BABU ALIAS KURIAN Vs. RAJAKUMAR

JUDGEMENT

(1.) THIS is a writ petition by a convicted prisoner against an order of the third respondent imposing a punishment of forfeiture of remission of 351 days. The petitioner is undergoing a sentence of seven years imposed on him on 4th November, 1981, by the Assistant Sessions Judge, Tuticorin , upon his conviction for offences under Secs. 392 and 397 ,i. P.C. While so, the prison authorities were informed that the petitioner had smuggled Kanj a inside the prison and they have imposed the punishment of forfeiture of remission earned, which is provided as major punishment under Rule 302 (b) of the Tamil Nadu Prison Manual, Vol. II.

(2.) THE only point urged by the petitioner is that the punishment was imposed on him without observing the principles of natural justice. THE case of the respondent is that as per Clause 5 of Rule 304, those principles need not be observed in case of serious violation of prison discipline. THE relevant provisions are as follows: '303. Awarding of punishments; (1) THE superintendent shall examine any person touching any prison offence and determine thereupon whether to award a minor or major punishment and his detrmination shall be noted down while awarding punishment. (2) No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his version of the case. THE Competent authority shall conduct and enquire the case. No prisoner shall be punished except in accordance with the terms of rules. (3 ). . . . . . . 304. Enquir y before punishment: (1 ). . . . . . . . . (2 ). . . . . . . . . (3) Where prisoners are produced before the superintendent for punishment, the Superintended shall conduct a through enquiry in a fair manner. It shall not become a mechanical process for the mere awarding of punishments. Enquiry shall be conducted as promptly as possible. During enquiry, the accused shall be present. Witnesses shall be brought in one at time. (4 ). . . . . . . . . (5) In case of serious violation of prison discipline, the Superintendent may order the recording of statements of the persons concerned. When the Superintendent thinks that recording of statement is not necessary, he shall briefly record the sallent facts of the case in the appropriate column in the punishment book in Form No. 15. If a prisoner has committed any infringement of the prison rules through ignorance or excusable carelessness, the Superintendent, shall admonish him without recording in the said Forms. (6) THE Officer, who conducts the preliminary investigation shall present his report and witnesses if any. THE report shall be presented in a language that is commonly understood in the locality or by the accused, where necessary and available, an interpreter may be provided. THE accused and his witnesses, if any, shall be heard. (7) After the Superintendent is satisfied that all relevant facts of the case have come to light, he shall record his decision in the register. After enquiry, the punishment shall be promptly implemented as per rules.' ;