NIHAL SINGH AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner in Criminal Misc. No. 11136-M of 1999 is an under trial prisoner facing trial under Section 302 IPC whereas the petitioner in Criminal Misc. No. 32919-M of 1999 has been sentenced to life imprisonment for the offence under Section 302 IPC by the Court Martial on 4th September, 1989 and the petitioner in Criminal Misc. No. 30288-M of 1999 is a life convict for the offence under Section 302 read with Section 34 IPC.

(2.) The petitioners are seeking that they should be classified as 'B Class' prisoners in view of their social status, education and their superior mode of living to which they have been accustomed to, in accordance with Paragraph 567-A of the Punjab Jail Manual. Since the constitutionality of the said provision is involved in these petitions, they are disposed of by this common judgment.

(3.) Paragraph 576-A of the Punjab Jail Manual reads as follows :-