LAKSHMI NARAIN Vs. STATE

JUDGEMENT

(1.) This is a criminal revision filed by head constable Lakshmi Narain who belonged to the armed police. He was sent to jail on the 4th of November, 1957. It seems to us that the applicant along with some other police men wanted to have a redress of certain grievances and the applicant and his companions went on hunger-strike on the 1st of November, 1957 while they were still outside. When the applicant came to the jail, he continued his hunger strike and in spite of repeated attempts made by the jail authorities to persuade him to take food, he refused to do so. The jail authorities warned the applicant repeatedly that this is a major offence against jail discipline and the Superintendent of jail also punished him on some occasions in order to persuade him to give up his hunger-strike. These attempts, however, proved unsuccessful and finally the Superintendent of Jail felt that he could not adequately punish the applicant for this continuous breach of jail rules and discipline and so he submitted a report to the Inspector General of Prisons. The Inspector General of Prisons after perusing the report came to the conclusion that it was a fit case in which the applicant should be prosecuted under Section 52 of the Prisons Act. A complaint was accordingly filed and after a trial before a Magistrate the applicant was convicted under Section 52 of the Prisons Act. The sentence awarded to the applicant was six months' rigorous imprisonment.

(2.) After his conviction the applicant went up in appeal but his appeal was dismissed. He then filed an application of revision before this Court which came before one of us and as it was considered that some important aspects of interpreting the relevant law were involved, it was ordered to be placed before a Divisional Bench of this Court. It has come before us today in pursuance of that reference.

(3.) The provision for prosecuting a prisoner under Section 52 of the Prisons Act, if he goes on hunger strike, is made in paragraph 742 of the Jail Manual under Chapter XXVIII. Paragraph 742 runs as follows : -