JOGA SINGH Vs. STATE OF HARYAN

JUDGEMENT

(1.) PETITIONER Joga Singh was sentenced to life imprisonment by Sessions Judge, Kurukshetra in March, 1980 and since then he is continuously confined in jail. He is undergoing his sentence in Central Jail, Ambala. While undergoing sentence he has been awarded jail punishment twice on 24.5.1986 and 18.11.1986. As such punishments work as impediment in his way to get relief of parole or furlough under Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, he has challenged the validity of those punishments contending that they are illegal. The detail of the proceeding undergone before awarding those punishments is contained in para 4 in the present petition. In reply to the said para, the respondents have stated 'admitted being matter of record'. Thus obviously the record of the proceedings as cited by the petitioner in his petition is not disputed.

(2.) ACCORDING to the petitioner the punishment dated 24.5.1986 was not got confirmed from the Sessions Judge concerned and with regard to punishment dated 18.11.1986 there was no regular inquiry. No judicial appraisal is forthcoming with regard to first punishment and it is mentioned in the written statement that the same was not readily traceable. It goes without saying that no punishment can be awarded to a prisoner without judicial appraisal of the Sessions Judge, in view of Sunil Batra's case (AIR 1980 SC 1579).

(3.) IT was held in Inderjit Singh v. State of Punjab and others, 1982(2) CLR 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, admittedly, the second punishment also becomes invalid and cannot stand.