RAUNAK RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of this Writ Petition as well as Cr. W. P. No. 1315-M of 1990 as those arise out of the same impugned order of jail punishment and relate to the same transaction.

(2.) THROUGH these writ petitions, Rauank Ram and Dhir Singh petitioners had sought quashment of the order dated 7-3-1990 of the Superintendent, Central Jail, Ambala, inter alia, on the ground that proper procedure prescribed under Sections 45 and 46 of the Prisons Act, 1894 was not followed as no effective opportunity was given to the prisoners to defend themselves. It is also averred that the concerned Superintendent Jail had passed the order in a mechanical manner without application of mind. It is further averred that the concurrence of the concerned Sessions Judge to the punishment was not obtained and the petitioners had not received any notice from the Sessions Judge, Ambala before appraising the punishment.

(3.) AS none has put in appearance on behalf of the parties, I have carefully gone through the record of the case and the original file produced by, Shri Sewa Singh, Assistant Superintendent, Central Jail, Ambala. I have also heard Shri Sewa Singh on behalf of the respondents. A verbatim English translation of the original proceedings conducted by the Senior Assistant Superintendent Jail, Dy. Supdt. Jail on 6-3-1990, and the Superintendent Jail on 7-3-1990 read as under :-