JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGIR Singh has filed the present petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashing of jail punishments awarded to him on different occasions.

(2.) AS per averments made in the petition, the petitioner was awarded imprisonment for life for an offence under Section 302 of the Indian Penal Code by the learned Sessions Judge, Gurdaspur, on April 26, 1983. He was detained in Central Jail, Gurdaspur. During his detention in the jail he was punished for various jail offences. In the petition he enumerated nine jail offences alleged to have been committed by him, for which either cut was made in his earned remission or he was confined in solitary cell block. According to him, the jail punishments were awarded in contravention of the statutory provisions of Punjab Jail Manual and the Prisons Act. No proper enquiry was made by the jail authorities before awarding him the punishments. He was not allowed to cross-examine the witnesses or to lead evidence in defence. Proper procedure established by law was not folded in any case not there had been any judicial appraisal of the punishments by the Sessions Judge. It was only in one case when judicial appraisal of the punishment was done by the Sessions Judge, but that too was not proper. The petitioner was not issued any notice nor he was given any opportunity to defend his case. It was further alleged that the jail offences, which were three years old, did not cause any hindrance in the consideration of the case of the petitioner for pre-mature release or temporary release.

(3.) I have heard the learned counsel for the parties.