MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Mohinder Singh son of Rulia Ram, a life convict, undergoing imprisonment in Central Jail, Ambala has approached this Court under Section 482 of the Cr.P.C. and Articles 226 and 227 of the Constitution of India for quashing the impugned jail punishments dated 11.8.1987 (Annexure P-1) and 1.2.1995 (Annexure P-2) and for directing the respondents to pay Rs. 5,000/- as compensation.

(2.) THE petitioner is undergoing imprisonment for life along with his four brothers in Central Jail Ambala since the date of their respective arrest. According to the petitioner all of them have undergone more than ten years' actual sentence of imprisonment besides earning remissions and are qualified and entitled to be released prematurely as per the Govt. Instructions. The petitioner claims that on a false report made by the Assistant Superintendent on 8.8.87, the Superintendent of Central Jail Ambala (R.3) issued a warning as per his order dated 11.8.1987 (Annexure P-1) for an alleged jail offence of keeping Rs. 15/- with him (the petitioner) without any enquiry as required by Section 46 of the Prison Act.

(3.) THE third respondent filed the following reply on behalf of all the three respondents : The petitioner committed the jail offence for which he was awarded punishment which has been duly appraised and approved by the Sessions Judge Ambala after summoning the petitioner in the Court and verifying the facts of the case (Annexure R.1). The punishment awarded to the petitioner on 11.8.1987 was in accordance with the rules, and it being only a warning has effect for three months.