Naib Singh vs State of Punjab

A.S. Nehra, J.

Naib Singh has filed this petition under Section 482 of the Criminal Procedure Code for directing the respondents to provide B class facilities to the petitioner according to Para 576A of the Punjab Jail Manual (1975 addition).

Petitioner is undergoing imprisonment for life in Central Jail, Ferozepur. During his tenure in jail, he did not commit any jail offence and no jail punishment had ever been awarded to him. He has moved this petition for grant of B class facilities in the jail on the ground that he was an income tax payee and he is a partner in a firm of commission Agents M/s. Mathura Dass Chaman Lal at Moga and is also a partner in a firm M/s. Guru Nanak Rice Mills at Moga. Petitioner is enjoying a social status by virtue of being income tax payee. He belongs to well to do family and was used to a superior way of living. Petitioner is a respectable member of the society and enjoys good reputation. Thus, he is entitled to B class facilities by virtue of para No. 576A(2) of the Punjab Jail Manual. Prayer of the petitioner was opposed by the respondents and it was contended that he was not entitled to B class facilities. Under the Government instructions, it has been stated in para 10 of the written statement that the provision contained in para 576A(2) of Punjab Jail Manual stands superseded by the instructions issued by the Government from time to time. The Government has been amending these instructions by issuing fresh instructions and presently `B'' class is granted to those prisoners who fulfil any of the following conditions :

i) Graduate in any faculty or Honours in Punjabi or Hindi (Gyani or Prabhakar).

ii) Exor sitting members of parliament or Vidhan Sabha.

iii) Those persons who are or were Municipal Commissioners, Members of Panchayat Samities or Zila parishad or equivalent thereof.

Those instructions were issued by the Punjab Government letter No. 204MI JJ 74 dated 11.6.1974, Punjab Government issued instructions vide letter No. 6634IJJ75 dated 23.4.1975 vide which :

i) Members and exmembers of the Shiromani Gurdwara Prabandak Committee;

ii) Junior Commissioned Officers of the Defence Deptt. and other gazetted officers irrespective of the fact whether they possess requisite educational qualification or not."

were granted B class facilities. It has been further stated in the written statement that there is no provision for grant of B Class facilities of Income Tax Payee in the instructions. Therefore, the case of the petitioner was rightly rejected by the respondent.

Mr. M.S. Cheema, Advocate, for the petitioner has contended that in the preface to the Punjab Jail Manual (1975 addition) paragraphs of the Manual against which a black line (side line) appears are in substance, either quotations from the law or from the Rules having force of law while the portions of the Manual without a black line (side line) are executive instructions which have been issued by the Government of India, Local Government or the Inspector General with the sanction and approval from the Local Government and Para 576A is one of those paragraphs of the manual against which a black line (side line) appears and this paragraph has the force of law. Therefore, the State Government cannot supersede para 576A by issuing the executive instructions. In support of his argument, he has relied upon Sadhu Singh and others v. State of Punjab, 1984(2) RCR 83 : AIR 1984 SC 739 . It has been held by the Supreme Court that :

"Secondly, this position had been sufficiently clarified at two places in the Punjab Jail Manual (1975 addition) itself. In the paragraph to that edition, it has been clearly stated that the paragraph of the Manual against which a black line (side line) appears are in substance, either quotations from the law or from the Rules having the force of the law while the portions of the Manual without a black line (side line) are executive instructions which from time to time been issued by the Government of India, Local Government or the Inspector General with the sanction and approval from the Local Government and Para 516B is not sidelined by any black line."

After hearing the learned Counsel for the parties, I hold that Para 576A of the Punjab Jail Manual is amongst those paragraphs of the manual against which a black line (side line) is in existence and, therefore, this paragraph has the force of law and the State Government had no jurisdiction to supersede this para by issuing executive instructions.

Para No. 576A(2) of the Punjab Jail Manual lays down that Class `B'' will consist of prisoners who by social status, education or habit of life have been accustomed to a superior mode of living. Habitual prisoners may be included in this class by order of the Local Government.

Petitioner has filed copy of the income tax return to show that he was income tax payee 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 para 576A(2), 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.