CHAMKAUR SINGH Vs. INSPECTOR GENERAL PRISONS

JUDGEMENT

(1.) CHAMKAUR Singh was arrested on 1.7.1985 and is a lifer since 31.5.1986 and is confined in Central Jail, Bhatinda. He has moved the present petition under Section 482 of the Code of Criminal Procedure for quashing the jail punishment which was by way of ordering a cut of one year out of the earned remission of this lifer.

(2.) THE allegation against the petitioner was that he misbehaved with the Head Warder in a particular manner which need not be literally described here. The main plea put forward in this petition is that the inquiry as envisaged under Section 45 of the Prisons Act and under the Instructions issued thereunder was never held inasmuch as petitioner was never associated with the inquiry. Besides this, the main plea raised here is that before granting approval the Sessions Judge, never summoned the petitioner nor he was heard before granting judicial appraisal. In Nirbhai Singh and Ors. v. State of Punjab, 1988(1) Recent C.R. 356 it was observed that it was always expected that while judicially appraising the jail punishment a notice be issued to the convicts to whom jail punishment is awarded for ends of justice. Besides this, in Surat Singh v. State of Punjab and Anr., 1990(1) Recent C.R. 679 relied upon by the learned counsel for the petitioner the prisoner was not given an opportunity of being heard.

(3.) A persual of this communication does not indicate that Chamkaur Singh was ever heard at the time or stage of judicial appraisal either in the jail or at any other appropriate place.