GAGANJOT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PRAYER in the present petition, filed under Section 482 of the Code of Criminal Procedure, is for the issuance of a direction to the Respondents to provide "better class facilities" to the Petitioner, as per Para 509 of the Punjab Jail Manual (1996 Edition).

(2.) COUNSEL for the Petitioner contends that the Petitioner was convicted and sentenced to life imprisonment under Section 302/34 IPC. The Petitioner is a Graduate, now a Post Graduate and, therefore, should be granted "better class facilities". As an under -trial, the Petitioner was provided "better class facilities". Pursuant to a judgment of this Court in Nihal Singh v. State of Punjab, the aforementioned facilities were withdrawn. The judgment of this Court in Nihal Singh's case (supra) has been set aside by the Hon'ble Supreme Court in State of Punjab v. Nihal Singh, : 2002 (4) RCR (Crl.) 572 (SC) : JT 2002 (7) SC 323 and, therefore, the Petitioner should be granted "better class facilities".

(3.) IN view of the statement, made by counsel for the Respondents, the present petition is disposed of with a direction that in case the Petitioner files a representation praying for "better class facilities", the same shall be considered, by the Superintendent, Central Jail, Patiala, in accordance with law, keeping in view the relevant judgments of the point.