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. Paragraph 631 contains a note on the upper right hand margin referring to the G of 1 Resolution No. 161-172 of 2nd May, 1908 and P.G. Letter No. 1669-S (Home) of 31st July, 1908. At the foot of paragraph 631 is a Note in small type with a right hand marginal note See para 516-B. While there can be no controversy that paragraph 631 which is blacklined has statutory force, the question is whether the Note at the foot thereof, which is not blacklined, also has statutory force.

2. Paragraph 516-B provides that the case of every convicted prisoner (except females and males below 20 years at the date of the commission of the crime) sentenced to imprisonment for life or imprisonment aggregating to over 14 years and who has undergone a period of detention in Jail amounting, together with remission earned, to 14 years, shall be submitted to the State Government, through the Inspector General of Prisons, for orders. In the case of female prisoners or prisoners who were below 20 years on the date of the commission of the crime, reference is required to be similarly made to the State Government on their completing a detention period of 10 years inclusive of remissions. Clause (v), however, provides that notwithstanding anything contained in the earlier part of the paragraph, a Superintendent of Jail may in his discretion, refer at anytime, for the orders of the State Government, the case of any prisoner sentenced to imprisonment for life whose sentence might in the Superintendents opinion be suitably commuted to a term of imprisonment. It would appear from a plain reading of this paragraph that in the case of a prisoner who has completed 14 years of detention in jail, inclusive of remissions earned, it is imperative on the part of the Superintendent of the Jail to submit his case, through the I.G. of Prisons, to the State Government for consideration. The use of the words shall be submitted brings out this intention when we contrast them with the word may and the words in his discretion used in clause (v) thereto which begins with a  nonobstante clause. Therefore, where the intention was to confer a mere discretion on the Superintendent of Jail, it was made manifest by the use of the expression may followed by the words in his discretion and where the intention was to cast a duty to submit the case of the State Government, it was brought but by the word shall preceding the words be submitted for the orders of the State Government. We have, therefore, no doubt in our minds that paragraph 516-B, though an executive instruction, has been couched in language which clearly shows that in the former type of cases where the prisoner has completed 14 years of detention in jail, inclusive of remissions, his case must be referred to the State Government for consideration. Notwithst