STATE OF PUNJAB AND ORS. versus NIHAL SINGH

Citation: [2002] SUPP. 2 S.C.R. 489 · Decided: 18-09-2002 · Supreme Court of India · Bench: R.C. LAHOTI, BRIJESH KUMAR · Disposal: Disposed off
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Judgment (excerpt)

r 
'• ' 
STATE OF PUNJAB AND ORS. 
A 
V. 
NIHAL SINGH 
SEPTEMBER 18, 2002 
[R.C. LAHOTI AND BRIJESH KUMAR, JJ.] 
B 
Punjab Jail Manual 
Para 576-A-Classification of convicted prisoners into Classes A, B 
and C-Appellant, a life convict, filing writ petition before High Court C 
seeking to be classified as Class B prisoner and/or consequentialfacilities-
High Court declaring the classification itself as ultra vires-States of Punjab 
and Haryana circulating the judgment to jail authorities resulting in 
withdrawal of facilities extended to classified prisoners-Held, question of 
Vires of Para 576-A not being raised before the High Court and Advocate D 
General not being put on notice, procedure adopted by High Court in 
invalidating Para 576-A was wholly unsatisfactory and unsustainable-Writ 
petition restored on file of High Court for decision afresh-Notice-Practice 
and Procedure. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 708 E 
of2001'. 
From the Judgment and Order dated 9.5.2000 of the Punjab and Haryana 
Court in Crl. M. No. 11136-M of 1999. 
WITH 
Crl. A. No. 709, 710 of2001. 
F 
Balwant Singh Malik, Bimal Roy Jad, B.K. Khurana, Ms. Sunita Pandit, 
Mrs. Vandana Singh,, Mrs. Santosh Singh, Rishi Malhotra, Prem Malhotra, Jai 
Prakash Dhnada, Smt. Raj Rani Dhanda and Sunder Khatri for the appearing G 
parties. 
The following Order of the Court was delivered : 
Crl. A. No. 708/2001. 
489 
H 
490 
SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R. 
A 
The respondent N ihal Singh is a convict under Section 302 IPC sentenced 
by Court Martial to undergo imprisonment for life and incarcerated in civil jail, 
Sangruru (Punjab). Nihal Singh filed a writ petition in the High Court of 
Punjab and Haryana seeking to be classified as Class-B prisoner and being 
allowed the facilities available to such prisoners in accordance with para 576-
A of the Punjab Jail Manual. Punjab Jail Manual is a compilation of statutory 
B provisions, rules and executive instructions, referrable to prison and prisoners, 
issued from time to time and i3 meant to guide the jail administration and the 
jail officers. Para 576-A contemplates classification of convicted persons into 
3 categories, namely, Classes A, and C and catalogues the factors which 
would be relevant for classification and enumerates the benefits and facilities 
C to which the prisoner would be entitled depending on the classification. The 
petition came up for hearing before a learned Single Judge of the High Court 
of Punjab & Haryana, who fonned an opinion that the classification of prisoners 
into Classes A, B and C was violative of Articles 14 and 15 (I) of the 
Constitution, and therefore, declared such classification ultra vires of the 
Constitution, Consequent upon such declaration the petition filed by the 
D respondent was directed to be dismissed. 
It is pertinent to note that the question of vires of 576-A of Punjab Jail 
Manual was not raised by anyone before the High Court. The High Court 
also, before formulating its opinion as expressed in the impugned order, did 
E not give any indication of its mind that adjudication upon the constitutional 
validity of the provision was proposed. None was put on notice. Nobody was 
afforded an opportunity of bringing on record material relevant for adjudication 
upon such validity. The Advocate General of the State was not put on notice. 
The procedure adopted by the High Court while invalidating para 576-A of 
the Punjab Jail Manual was wholly unsatisfactory and unsustainable. 
F 
G 
For the short reason as abovesaid and without expressing any opinion 
on the merits or otherwise of the finding arrived at by the High Court, the 
judgment under appeal is set aside. The writ petition filed by the respondent 
shall stand restored on the file of the High Court for hearing and decision 
afresh and in accordance with law. 
The appeal stands disposed of. 
Crl. A. No. 709 and 710/2001. 
These appeals have been filed by some of the prisoners detained in jails 
H in the State of Haryana putting in issue the judgment dated May 9, 2000 
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, 
ST A TE OF PUNJAB v. NIHAL SINGH 
491 
delivered by learned Single Judge of the High Court of Punjab & Haryana A 
in the case ofNihal Singh which has been dealt with and set aside by the 
abovesaid order in Crl. A. No. 708/200 I. The occasion for filing these two 
appeals by special leave arose because the judgment delivered by the High 
Court in the case ofNihal Singh was circulated by the Stat
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