SATPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SATPAL petitioner has filed this petition under Section 482, Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashing the order dated 31.1.1991 passed by the Superintendent, Central Jail, Amritsar, by which the penalty of cut of 125 days of earned remission was proposed and the award of penalty was entered in the history sheet of the petitioner. The case of the petitioner for judicial appraisal was submitted to the Sessions Judge, Amritsar on 31-1-1991. The Sessions Judge. Amritsar, on judicial appraisal, vide his order dated 2.2.1991, approved the punishment of 25 days cut in the earned remission awarded to the petitioner and this judicial appraisal by the learned Sessions Judge, Amritsar, was conveyed to the Superintendent, Central Jail, Amritsar. The sole argument advanced before me by the learned counsel for the petitioner is that, after having come to the conclusion that the petitioner had overstayed the period of temporary release by 25 days the Superintendent Jail had no jurisdiction to impose penalty under sub-section (3) of Section 8 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter called as the Act) and the only course available to him was to lodge a complaint under Section 9 of the Act before a Court of competent jurisdiction.

(2.) IN order to appreciate the above argument, it is expedient to examine the provisions of Sections 8 and 9 of the Act as also of rule 7 of the Punjab Good Conduct Prisoners (Temporary Release) Rules 1963, which are reproduced below for ready reference :- Section 8.

(3.) THE Superintendent of Jail shall, on the failure of a prisoner released temporarily under the Act, to surrender on due date intimate the fact to the Superintendent of Police of the district concerned and the officer in charge of the Police Station within whose jurisdiction the place of residence of the prisoner during his temporary release is situated, who would take necessary action against the prisoner in accordance with the provisions of the Act.