VIKAS MANCHANDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Court has been convened through video conferencing due to Covid-19 pandemic.

(2.) Instant petition has been filed under Article 226 of the Constitution of India seeking quashing of the impugned order dated 17.08.2020, Annexure P-4, whereby punishment of forfeiture of remission of 4 days has been imposed upon the petitioner by respondent No.2 and has been approved by the learned Sessions Judge, Ambala.

(3.) Facts, in brief, leading to the filing of the present petition are that the petitioner is a convict in criminal case bearing FIR No.258 dated 01.09.2009 registered at Police Station Ambala, and is undergoing the sentence of imprisonment for life. He stands convicted in another FIR against which appeal is pending. On 01.07.2020, a mobile phone was recovered from the prison cell where the petitioner and three co-prisoners were lodged and FIR No.480 dated 01.07.2020 was registered under Section 42-A of Prisons Act, 1894, Annexure P-1. In terms of Para 630 (3) of the Punjab Jail Manual, as applicable to Haryana, proceedings were initiated against the petitioner and after conducting inquiry, punishment of withdrawal of 4 days earned remission was imposed upon the petitioner. Vide letter dated 08.07.2020, Annexure P-2, respondent No.2 forwarded the punishment, which was judicially appraised by the learned Sessions Judge, Ambala vide impugned order after hearing the petitioner through video conferencing.