NAWAL THAKUR Vs. BRAHMU RAM

JUDGEMENT

(1.) The petitioner's allegation that his two co-prisoners are being required to carry buckets of water to the residences of the Jail Officers is admitted in the affidavit-in-reply. It has been admitted that Amar Singh and Keshav Ram, who are undergoing sentences of rigorous imprisonment, have been detailed to supply water to the quarters occupied by the Jail Officers. Reliance has been placed in the said affidavit upon the provisions of Para 702 read with the Explanation to Para 703 of the Superintendence and Management of Jails in the Punjab, as applicable to Himachal Pradesh (hereinafter referred to as "the Manual"), in order to justify the services being taken accordingly from the two prisoners.

(2.) Para 702 of the Manual reads as under :

(3.) The Supreme Court as well as this Court have repeatedly observed that Fundamental Rights do not flee a person as he enters the prison although they may suffer shrinkage necessitated by incarceration. In other words, convicts are not by mere reason of the conviction, denuded of all the Fundamental Rights which they otherwise possess. Whether inside prison or outside, a person is not deprived of his guaranteed freedoms save by methods right, just and fair.