MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Mukhtiar Singh, a lifer, lodged in Central Jail, Patiala, was awarded jail punishment on 3.3.1987. As he was deprived of the benefit of furlough under Section 4 of the Punjab Good Conduct (Temporary Release) Act, 1962, on account of said jail punishment, he has challenged the validity of the said punishment that the same is illegal for want of judicial appraisal and proper inquiry and has further contended that he should not be denied benefit of furlough.

(2.) CONCEDEDLY the punishment was awarded to the petitioner by the jail authorities without judicial appraisal of the Sessions Judge. For this reference may be made to clause (e) of para No. 8 of the written statement, in the corresponding clause of which para of the petition, it has been contended that the order of punishment passed on 3.3.1987 has not so far been judicially appraised as required under the directions of the Supreme Court. It was held in Sunil Batra v. Delhi Administration, A.I.R., 1980 S.C. 1579, that no punishment can be awarded to a prisoner without judicial appraisal of the Sessions Judge.

(3.) IT was held in Inderjit Singh v. State of Punjab and others, 1982(2) Chandigarh Law Reporter 129, that it is apparent from the statutory provisions that the Jail Superintendent has to determine as to whether a convict has committed any jail offence. He having not so determined in this case, the punishment also becomes invalid on that score as well.