Jagdish Lal vs State of Punjab and anr.

H. K. Sandhu, J.

Jagdish Lal is under going imprisonment for life in Central Jail, Ferozepur. During his tenure in the jail he did not commit any jail offence nor he was awarded jail punishment. He has moved this petition under section 482 of the Code of Criminal Procedure for grant of better class facilities on the ground that he was an incometax payee prior to his conviction. He was running a firm and was enjoying a social status by virtue of being incometax payee. He belonged to a welltodo family and was used to a superior way of living. He was entitled to better class facilities by virtue of para No. 576A(2) of the Punjab Jail Manual.

The prayer of the petitioner was opposed by the respondent and '' it was contended that he was not entitled to `B'' class facilities under the Government instructions.

I have heard Shri J. S. Bhatti, the learned counsel for the petitioner and Shri A. S. Jatana, the learned counsel for the respondents.

Para No. 276A(2) of the Punjab Jail Manual lays down that class `B'' will consist of prisoners who by social status, education or ''habit of the life have been accustomed to a superior mode of living Habitual prisoners may be included in this class by order of the Inspector General of Prisons. The petitioner has filed copy of the assessment order Annexure P1 to show that he was an incometax assesses and was accustomed to a superior Mode of living having sufficient income. Assessment order relates to the period prior to his conviction.

In view of the provisions referred to above, I find that the petitioner is entitled to `B'' class facilities. The petition is, therefore, allowed and the respondents are directed to extend `B'' class facilities to the petitioner for the remaining tenure of his imprisonment.