Civil Writ Petition No. 7938 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 7938 of 2009
Date of Decision: 3.7.2009
Court on its own motion
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON’BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. Whether to be referred to the reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Randhir Singh, Additional Advocate
General, Haryana.
T.S. Thakur, C.J. (Oral)
These proceedings in public interest were initiated on the
basis of a note received from Hon’ble Mr. Justice Mahesh Grover, a
Judge of this Court, in which he had highlighted the hardships arising
out of conviction of the members of a family and their inability to meet or
interact with each other on account of their being lodged in different Jails
or different parts of the same Jail. The note suggested that a possible
remedy could be explored by this Court taking up the matter on the
judicial side to reduce hardship and ensure a humane treatment to the
convicts.
Civil Writ Petition No. 7938 of 2009 2
In response to a notice issued by this Court, the Director
General Prisons, Haryana, has filed an affidavit pointing out that in
certain cases the inmates of the Jail were escorted by the police to meet
their relatives confined in another Jail or in different parts of the same
Jail. These orders are, according to the affidavit, irregular as there is no
provision in the Punjab Jail Manual or the Prison Act under which
prisoners may be allowed to move out of the Jail for purposes of
meeting undertrials or convicts in the same Jail or different Jails except
upon grant of furlough or parole to him or her by the competent Court.
The affidavit suggests that it would be appropriate if the convicts use the
parole facility available under the Rules to visit their relatives confined in
other Jails.
We have today heard Mr. Randhir Singh, Additional Advocate
General, Haryana, and are of the opinion that the issue raised in the
note sent by Justice Grover can also be taken as a possible reformatory
measure that needs to be introduced in the management of the Jails.
Our attention has been drawn by Mr. Randhir Singh to an order passed
by this Court in C.W.P. No. 15041 of 2007 disposed of on 30.5.2009
whereby we had constituted a Committee each for the States of Punjab
and Haryana headed by two former Judges of this Court with senior
retired officers from the Indian Police Services and from the Indian
Administrative Services. The Committees have been assigned the job
of examining the possible reforms that can be introduced to make
available to the inmates facilities to which they are entitled during their
incarceration in the Jail and the steps that can be taken to protect their
human rights. The Committees have also been requested to suggest
Civil Writ Petition No. 7938 of 2009 3
amendments to the Punjab Jail Manual. Specific reports regarding the
major aspects indicated in the order have been called for from the
Committees to help this Court issue appropriate directions that would
require the authorities to provide health, hygiene, food, clothing and
medical facilities to the inmates especially the mentally sick. The sweep
of the exercise which the Committees are required to undertake in terms
of the said order is in our opinion wide enough to examine whether any
amendments to the Punjab Jail Manual are called for to take care of the
situation where one convict desires to meet another convict who
happens to be a member of his family serving sentence or detained as
an undertrial in the same or in different Jails.
We, therefore, dispose of these proceedings with the
observation that the issue raised in the note sent by Justice Grover shall
also stand referred to the Committees constituted by this Court in terms
of order dated 30.5.2009 passed in C.W.P. No. 15041 of 2007.
Copy of the note received from Justice Grover and a copy
each of this order shall be forwarded to the two Committees for
necessary action.
(T.S.Thakur)
Chief Justice
(Kanwaljit Singh Ahluwalia)
Judge
July 3, 2009
“DK”