TARSEM PAL ANANT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DIRECTOR General of Police (Prisons), Punjab, Chandigarh, is present to assist the Court in terms of our directions dated 13.3.2007, and also submits his affidavit through learned Senior Deputy Advocate General. Similarly, Legal Services Authority,Punjab, has filed an affidavit of its Additional Member Secretary. Admittedly, Smt. Bachno is lodged in Amritsar Jail, having suffered conviction under Section 302 IPC since 9.7.2003 and from the affidavits aforesaid and the Jail record, it is not clear as to on what date she executed a Vakalatnama in favour of her counsel who did not file appeal and as to when that Vakalatnama was attested by the concerned Jail Superintendent. Mr. Alam states that he has held an inquiry into the matter and has also issued necessary instructions so that no such lapse is repeated in future. He undertakes that he would take necessary steps to ensure that the officers of the Legal Services Authority, are extended proper courtesy, and are not put to any inconvenience during their jail visits by the Jail authorities. The officers of the Authority shall visit all the Jails every month, and in case of any default, the Superintendents of Jail, shall inform the DIRECTOR General (Prisons) to bring it to the notice of the Member Secretary of the Authority. In this background, we do not deem it expedient in the interest of justice to continue with the proceedings in respect of notice issued to the DIRECTOR General (Prisons) and record a note of appreciation for his assistance to the Court.

(2.) AT this stage, Ms. Deepika Verma submits that she has been engaged recently by the Legal Services Authority, Punjab, on behalf of the accused appellant Smt. Bachno, and she has filed an appeal with a separate application for suspension of sentence on her behalf. Hence, this Crl.M.No.9181 of 2007, being not maintainable, is dismissed as such. List the Criminal Appeal filed by Smt. Bachno with the accompanying application for suspension of sentence at the earliest. A copy of this order be sent to Director General of Police (Prisons), Punjab, and to Member Secretary, State Legal Services Authority,Punjab.