Bhoop Singh vs State of Haryana

Pritpal Singh, J.

The petitioner Bhool Singh is undergoing life imprisonment in Central Jain, Hissar. He was awarded a jail punishment on March 8, 1985, the validity of which he has challenged in this petition on the ground of violation of principles of natural justice.

It is not disputed that statements of witnesses were not recorded nor an opportunity of crossexamining them was given to the petitioner. This punishment, therefore, offends Section 46 of the Persons Act, which reads as follows :

"46. The Superintendent may examine any person touching any such offence and determine thereupon, and punish such offence by........."

It was held in Inderjit Singh v. State of Punjab and others, 1982(2) C.L.R. 129, that the Superintendent Jail has to determine as to whether a convict has committed any jail offence. It implies that the punishing authority has to apply its mind to the facts and circumstances of the case. It is implicit in this process that the concerned convict has to be associated with the process of determination. The statements of the witnesses have to be recorded in the presence of the convict. Thereafter he has to be given an opportunity of being heard so that he may refuse the allegations made against him. Concededly this procedure was not adopted by the jail authorities before awarding the impugned jail punishment to the petitioner.

The result of the aforesaid is that the order of punishment dated March 8, 1985 is hereby quashed. However, it will be open to the authorities to proceed in the matter afresh in accordance with law.

JUDGMENT accordingly.