LexPHOOL KUMARI versus OFFICE OF THE SUPERINTENDENT CENTRAL JAIL, TIHAR, NEW DELHI AND ANR.
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[2012] 7 S.C.R. 951 PHOOL KUMARI V. OFFICE OF THE SUPERINTENDENT CENTRAL JAIL, TIHAR, NEW DELHI AND ANR. (Criminal Appeal No.1186 ·of 2012) AUGUST 09, 2012 [P. SATHASIVAM AND RANJAN GOGOi, JJ.] A B Prisoners: Employment of - Payment of wages - Conviction of appellant u/ss.323, 342, 307 read with s.34, /PC C and rigorous imprisonment (RI) for 10 years - Sentence reduced by High Court to 5 years - Appellant remaining in jail from 24.03.2007 to 23.12.2010 i.e., for a period of 3 years and 10 months after grant of remission - During this period, she was allotted work in Medical Inspection (Ml) room as 'Sewadar' D (Assistant) for assisting the Doctors in OPD of Jail and also taking care of the cleanliness of the said room till her release - In 2009, claim made by appellant through her husband for payment of wages for the work done during her custody in prison - Claim rejected - Complaint before the visiting Judge, E Additional Sessions Judge (ASJ) for release of wages also rejected - Petition u/s.482, Cr.P.C. before High Court for quashing the order passed by the visiting Judge (ASJ) and also for the release of her wages - High Court disposing of the petition taking note of the fact that the appellant was F already released from jail and relying upon the affidavit filed on behalf of the DIG (Prisons) stating therein that the appellant performed soft Jabour work during her period in jail and whenever the appellant was given hard labour work, she had drawn wages for that period - On appeal, held: It was definite G case of jail authorities that for the work done, the appellant- convict was paid wages as per the circulars/orders applicable to her and in this regard ledger containing her signatures was produced - Contra stand of appellant-convict that she did not 951 H 952 SUPREME COURT REPORTS [2012] 7 S.C.R. A put her signatures as shown in the ledger - In view of the conflicting stand by both the sides and assertion of the appellant about her signature and certain entries in the Ledger, in order to do substantial justice, the appellant is permitted to make a fresh representation to the visiting Judge B giving all the details about the work done during the period of custody within a period of 4 weeks - On receipt of representation, the visiting Judge would inspect and peruse the Ledgers/documents with the assistance of the jail authorities in the presence of the appellant duly assisted by c Supreme Court Legal Services Committee and pass an order within a period of 3 months thereafter - The said decision would l5?r-cemmunicated to the appellant and the respondent-Jail Authorities - In the ultimate inquiry, if it is found that the appellant is entitled to any amount in addition to the amount 0 already settled as wages, the same shall be paid within tJ period of 4 weeks thereafter. Sentence/sentencing: Types of Imprisonment - Held: s. 53 of the /PC defines 5 kinds of punishment which includes punishment for life and two other kinds of imprisonment i.e., E rigorous and simple imprisonment - Rigorous imprisonment is one which is required by law to be completed with hard labour - A person sentenced to simple imprisonment cannot be required to work unless he volunteers himself to do the work - But the Jail officer who requires a prisoner sentenced to F rigorous imprisonment to do hard labour would be doing so as enjoined by law and mandated by the court - The undertrials are not required to work in Jail - Delhi Prisons Act, 2000 - s.36 - Penal Code, 1860 - s.53. G State of Gujarat & Anr. vs. Hon'ble High Court of Gujarat (1998) 7 sec 392 - retied on. Delhi Prisons (Transfer of Prisoners, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988: H r.43 - Classification of Labour - Held: r. 43 classifies PHOOL KUMARI v. OFFICE OF THE SUPERINTENDENT 953 CENTRAL JAIL, TIHAR, NEW DELHI labour into three classes, namely, Hard Labour, Medium Labour and Light Labour - Hard Labour is further divided into three categories; skilled, semi-skilled and unskilled - The Inspector General may, with the sanction of the Delhi Administration from time to time, prescribe the description of works to be carried out and the tasks to be fixed tor labour in respect of each class - Since the Delhi Jail Manual does not give detailed description as to what kind of work/task will fall under which category of labour, the Jail Authorities rely upon the Punjab
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