TEJ RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) TEJ Ram, petitioner herein, was awarded imprisonment for life and other sentences on 11.8.1987. He is presently confined in District Jail, Rohtak. While undergoing sentence, he was awarded Jail punishment of forfeiture of 10 days earned remission under Para 613(1) of the Punjab Jail Manual on 11.3.1991. Validity of the said punishment has been challenged by him through the present petition as the same was likely to work as impediment against him in way of his premature release under Article 161 of the Constitution of India as also in considering his case for temporary release (parole/furlough) in future. According to him, the impugned order was illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India. No inquiry was ever conducted before holding him guilty and judicial appraisal was not got done before inflicting the punishment.

(2.) A careful scrutiny of the proceedings with regard to punishment dated 18.3.1991 reveals that there has been no regular inquiry besides conjectural approach. The punishment for 10 days cut in earned remission was awarded to the petitioner for staying out of the village during the period of parole w.e.f. 1.1.1991 to 23.1.1991. A report in this regard was made by the Assistant Superintendent on 5.3.1991, which reads as under :-

(3.) ANNEXURE R-5/T is the true translation of the report of Assistant Superintendent dated 5.3.1990, recommendation of the Deputy Superintendent dated 5.3.1991, order of the Superintendent, District Jail, Rohtak dated 8.3.1991 and copy of the order dated 4.4.1991 passed by Sessions Judge, Rohtak (Camp at District Jail, Rohtak). The three worded order of the Sessions Judge is reproduced below :-