LIFE CONVICT SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SOHAN Lal who is undergoing imprisonment for life and at present is detained in Central Jail, Ambala has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the jail punishment awarded to him on 4th January, 1992 by the Superintendent, Central Jail, Ambala, respondent No. 3 as being void, discriminatory and against the provisions of natural justice.

(2.) AS per averments made in the petition, the petitioner maintained good conduct in jail and was made Convict Night Watchman. In December, 1990, he applied for his release on parole for house repair but no order was passed on that application for more than one year. Inspector General of Prisons, Haryana visited the jail premises and inquired from inmates of the jail if they had any problem. The petitioner told him that his parole case was being delayed. So the same may be disposed of. His parole was sanctioned after one week but respondent No. 3 involved him in a false jail offence alleging that he had not used proper language while conveying his problem to Inspector General of Prisons. Vide order dated 14th January, 1992 he was reduced to an ordinary prisoner subject to approval of Additional Director General of Prisons. The petitioner alleged that while awarding punishment to him no legal procedure was followed as envisaged by law. He was not given any perusal hearing and there was no proper judicial appraisal.

(3.) IN the return filed by the respondent it was alleged that the petitioner misconducted himself by bringing a false accusation against the Jail Authorities and thus committed a jail offence under Para 608(14) of the Punjab Jail Manual. It was further pleaded that punishment awarded to the petitioner was judicially appraised by the Sessions Judge, Ambala vide order copy of which was Annexure R -1.