SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SATISH Kumar, petitioner, alongwith three other co-accused, was tried for offences punishable under Section 302 and 201 Indian Penal Code, by Sessions Judge, Hissar. On 23.4.1981, he was found guilty, while his co-accused were acquitted of the charges. The petitioner was sentenced to undergo imprisonment for life for the offence punishable under Section 302 Indian Penal Code and to further undergo rigorous imprisonment for one year in respect of an offence punishable under Section 201 Indian Penal Code. The petitioner filed an appeal against his conviction and sentence, which was allowed and he was acquitted by a Division Bench of this Court on 25th November, 1981. The complainant party then filed Special Leave Petition in the Supreme Court. The appeal was finally heard by the Apex Court on 10th April, 1992, which was accepted and the conviction of the petitioner as recorded by the Sessions Judge was restored. The petitioner surrendered before the jail authorities on July 13, 1992. He represented before the Superintendent, Central Jail, Hissar to restore him B class facilities which were earlier granted to him. The petitioner was graduate and had obtained a degree of Bachelor of Arts from Kurukshetra University, in the year 1975. The Jail Superintendent allowed him B class facilities on provisional basis. But on the receipt of some instructions from the office of Inspector General Prisons, Haryana, the same were withdrawn. The petitioner filed this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for grant of 'B' class facilities while undergoing imprisonment for life in Central Jail, Hissar.

(2.) THE averments made in the petition are that under Para 576A of the Punjab Jail Manual, the prisoners who by social status, education or habit of life have been accustomed to a superior mode of living were to be considered as Class B prisoners. The prisoner who was graduate in any faculty or honours in Punjabi or Hindi (Giani or Prabhakar) was also entitled to 'B' Class facilities in the jail. Para 576A of the Punjab Jail Manual had a statutory force and any instructions issued by the Inspector General Prisons or by any other authority except the Government were not binding and the same were null and void.

(3.) COPY of the order rejected the prayer of the petitioner has been placed on record which is Annexure R-1.