JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order two criminal writ petitions (Nos. 982 and 1148 of 1986) are being disposed of together as common question of fact and law are involved therein.

(2.) ALTHOUGH a number of prayers have been made in these two petitions but the only prayer which has been pressed before me is that of quashing the jail punishment awarded to the petitioners. Admittedly the petitioners in both the cases were jointly punished by the jail authorities on August 8, 1986. The punishment awarded to each of them was cut of six months' remission. This punishment is sought to be quashed on the ground that the petitioners were not associated in any enquiry and no opportunity had been granted to them to defend themselves. In the return field by the respondents these allegations have not been denied. The impugned punishment, therefore, manifestly violates Section 46 of the Prisons Act, which reads as follows :

(3.) THE result of the aforesaid is that the impugned jail punishment awarded to the petitioners in these two cases is hereby quashed. However it will be open to the jail authorities to proceed in the matter afresh in accordance with law. These petitioners are disposed of accordingly.