IMPORTANT POINT
Note to para 631 making reference to para 516-B of the manual for the superintendence and management of jails in Punjab is neither an integral part of para 631 nor does it have statutory force like that of parz 631.

Headnote:Manual for the Superintendence and Management of Jails in Punjab- Para 516.B in Chapter XV "Release of prisoner" and Para 631 in Chapter XX "Remission system"- Para 516-B not black lined since an executive direction but Para 631 black lined since having statutory force- Para 631 having a note at the foot making reference "see para 516-B" which is not black lined-Para 516-B relating to commutation of sentence in case of life connects- Whether Para 516-B also has statutory force? (No).
       Held: But the High Court has come to the conclusion that paragraph Section 516-B as amended by the executive instructions of 1971 and 1976, cannot override the statutory rule contained in Paragraph 631 read with the note appended thereto. Counsel for the State argued that the Note at the foot of paragraph 631 merely reproduces Paragraph Section 516-B: the marginal note thereto says so in no uncertain terms and, therefore, the Note cannot be ascribed a statutory character. We think there is considerable force in this submission. In the first place it must be realised that according to the preface only those paragraphs which are black-lined have statutory character. The Note in question is not so black-lined. Where the note is intended to be given statutory character it is black-lined, see the note at the foot of paragraph 633. Secondly the source of Paragraph 516-B and the Note is the very same Resolution No. 159/167 of the Government of India dated 6th September, 1905. It is difficult to believe that the same resolution was intended to be a mere executive instruction in one part of the Manual and was intended to be conferred a statutory character in another part of the same Manual. Thirdly the marginal note to the Note in question in terms refers to Paragraph Section 516-B which means it was merely a reproduction of the latter paragraph. In the circumstances if the Note was intended to be conferred a statutory character, it would have been black-lined in keeping with the scheme of the Manual. These are clear indicators which support the submission of the learned Counsel for the State. Lastly Paragraph 631 Classifies prisoners and fixed the duration of their sentences e.g. 20 years for life convicts and class 3 prisoners and 25 years for class 1 and 2 prisoners. The Note at the foot of the paragraph is by way of the reminder that notwithstanding the duration fixed under the said rule, Paragraph Section 516-B requires that cases of such prisoners should be submitted on the expiry of the duration fixed under Paragraph Section 516-B. It, therefore, seems clear to us that the Note is neither an integral part of paragraph 631 nor does it have statutory favour as held by the High Court. (Para 10)
       Further held: We, therefore, find it difficult to uphold the view taken by the High Court in this behalf. We may make it clear that Paragraph 516-B insofar as it stands amended or modified by the 1971 and 1976 executive orders is prospective in character. We allow these appeals and set aside the Judgment and Order of the High Court in each of these appeals. (Para 11)

JUDGEMENT

M. Fateema Beevi, J. - Special leave granted in all the above matters.

2. These appeals involve the interpretation of paragraphs Section 516-B and 631 of the Manual for the Superintendence and Management of Jail; 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 black-lined 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 Section 516-B contained in Chapter XV entitled 'Release of Prisoners' is not black-lined while paragraph 631 contained in Chapter XX entitled 'Remission System' is black-lined. The note in the upper right hand margin of paragraph Section 516-B refers to G. of I. Resolution No. 159-167 dated 6th September, 1905 and P.G. NO. 18608Jails-dated 28th June, 1920. There is no dispute that this paragraph contains and 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 black-lined has statutory force, the question is whether the Note at the foot thereof, which is not black-lined, also has statutory force.

3. Paragraph Section 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 prisoner 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 remission. 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 the life whose sentence might in the Superintendent's 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 remission 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' bring 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 non-obstante clause. Therefore, were 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 out 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 Section 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 o

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IMPORTANT POINTNote to para 631 making reference to para 516-B of the manual for the superintendence and management of jails in Punjab is neither an integral part of para 631 nor does it have statutory force like that of parz 631.

Cases Referred (2)

IMPORTANT POINT
Note to para 631 making reference to para 516-B of the manual for the superintendence and management of jails in Punjab is neither an integral part of para 631 nor does it have statutory force like that of parz 631.