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1990 Supreme(SC) 186

A.M.AHMADI, M.FATHIMA BEEVI
State Of Punjab – Appellant
Versus
Jogindersingh: Gurmail Singh: Ajit Singh: Dhir Singh – Respondent


Advocates:
amicus curiae, C.L.SAHU, Mohan Pandey, R.P.SINGH PAL, R.S.Suri, S.SRINIVASA VARMA

Judgment

AHMADI, J:- Special leave granted in all the above matters.

These appeals involve the interpretation of Paragraphs 516-B and 631 of the Manual for the Superintendent and Management of jails in the Punjab. The preface to the Manual shows that those paragraphs of the Manual against which a black line appears are, in substance, either quotations from the law, or from the Rules having the force of law, the authority having been indicated on the upper right hand margin of each paragraph whereas the paragraphs which have not been blacklined are executive instructions issued from time to time by the Government of India, or the Local Government or the Inspector General with the sanction and approval of the Local Government. It may at once be mentioned that paragraph 516-B contained in Chapter XV entitled Release of Prisoners is not blacklined while paragraph 631 contained in Chapter XX entitled Remission System is blacklined. The note in the upper right hand margin of paragraph 516-B refers to G of I Resolution No. 159-167 dated 6th September, 1905 and P.G. No. 18608 Jails dated 28th June, 1920. There is no dispute that this paragraph contains an executive instruction only. Paragrap













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