GURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Gura Singh has challenged the validity of a jail punishment awarded to him by the jail authorities on February 18, 1986 on the ground that no proper enquiry was held and he was not given an opportunity to defend himself.

(2.) THE respondents in the written statement pleaded that full opportunity of being heard was given to the petitioner before awarding punishment to him.

(3.) ON perusal of the relevant jail record I find that the contention of the respondents is factually incorrect. Three witnesses were examined by the jail authorities but the petitioner was not granted any opportunity to cross -examine them. The impugned order of punishment is, therefore, violative of Section 46 of the Prisons Act, which reads as follow -