SAHIB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SAHIB Singh and Mastan Singh, petitioners have moved this criminal miscellaneous under section 482, Cr. P.C. for quashing of the jail punishments imposed on them. Briefly stated, the facts are that the petitioners have been undergoing life imprisonment in Central Jail, Ambala. They have been awarded jail punishments vide orders dated 11-9-90, 13-9-90, 11-3-90 and 12-3-90 without following the principles of natural justice. They allege that they were falsely implicated with the accusations on which jail punishments were awarded to them. No 'judicial appraisal' thereof was carried out. The same were not valid. They were not allowed parole or furlough on account of jail punishments.

(2.) IN the return, the respondent-authorities have pleaded that the petitioners were punished on 12-390 and the punishment was rightly awarded, as they had been found in possession of iron bars and iron nails. The jail punishments were got judicially appraised by the District and Sessions Judge, Ambala. On 11-9-90 both the petitioners gave beating to Choto when he was distributing morning meals to the prisoners. This punishment was also got judicially appraised.

(3.) IT is rightly contended on behalf of the petitioners that it was not a judicial appraisal or the jail punishment. The proceedings before the District and Sessions Judge are quasi judicial in nature and an opportunity should have been given to the petitioners to appear and bring their case to the notice of the District and Sessions Judge. Such an opportunity was not afforded to the petitioners.