NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have challenged their jail punishment dated 29.7.1986, on the ground that no opportunity was afforded to them to defend the case, statements of the witnesses were not recorded in their presence, no show cause notice was ever given to them and no charge was ever levelled against them, so much so that no proper enquiry was ever held by the authorities concerned and they were unheard, without allowing them to lead defence. Thus, the punishment is challenged on the ground of complete failure of statutory and settled provisions of law.

(2.) REPLY was filed by Shri Narotam Singh, Superintendent Central Jail Bhatinda on behalf of the State and respondents 2 and 3. Therein it is averred that the petitioners had committed serious offence and a regular enquiry was conducted which was completed on 7.3.1987. The findings of the enquiry are as under :-

(3.) SO far as the appraisal by the learned Session Judge, vide his order dated 26.3.1987, is concerned the order passed on that date does not show that the petitioners were given any opportunity to bring to the notice of the Sessions Judge the facts leading to the jail punishment and that they had no opportunity to point out the illegalities committed during the enquiry by the Jail authorities. This order of judicial appraisal is quasi judicial order and that, too, passed by a Senior Judicial Officer of the Superior Judiciary of this High Court and it is always expected that while judicially appraising the jail punishment, a notice is required to be issued to the convicts to whom jail punishment is awarded for ends of justice. If such opportunity is given, these matters can be decided satisfactorily at that level just by cursorily going through the punishment record.