( 1 ) THIS order be read in continuation of our order dated January 30,1986.

( 2 ) THE petition was admitted on the limited question of facilities to which the petitioners arc entitled in jail.

( 3 ) THE two petitioners aloag with Satwant Singh were found guilty of the charge under Section 120-B read with Section 302 of the Indian Penal Code and were sentenced to death. The petitioners are at present lodged in separate cells in ward No. 4.

( 4 ) THE contention of the petitioners is that after the aforesaid conviction and sentence was passed upon them they have been lodged in separate cells and which are heavilguarded. They have alleged that three search-lights are focused on their cells in the result th arec unable to have sleep. They have further alleged that they are not allowed to wear turbans and shoes. They have further complained that they are not allowed to go out of their cells to have a walk and further they are not allowed to communicate with each other and other inmates of the jail. Their further grievance is that they are not allowed beddings, books, newspapers and writing material.

( 5 ) THE contention of the petitioners is that a reference under Section 366 Cr. P. C. for confirmation of the death sentence is a continuation of the trial and until the death sentence is confirmed they are to be treated as undertrials and they are entitled to class b facilities which they were earlier enjoying. The prayer made in the petition is that they should be treated humanely in accordance with jail manual and they be treated as b class under-trials and they should not be confined in solitary/condemned cells and they should not be segregated from the rest of the world.

( 6 ) THE respondents in their reply have refuted the above allegations of the petitioners. Shri Rajesh Somaal, Superintendent, Central Jail, Tihar, in his affidavit dated 7th February 1986 has stated that the petitioners are being treated as convicts under the rules and they are being provided with all the facilities which are provided under the rules to convicts. He has further stated that the cells where the petitioners are lodged were constructed at the time when the jail came into existence. He has further averred that the search lights have been put by way of extra pre-caution in order to avoid any mishap. It is stated that the lights are not focused at the petitioners and in no way disturb or cause inconvenience during their sleep. The Jail Superintendent has further stated that the turban has been discontinued to avoid any mishap and patka has been provided instead. He has further stated that the petitioners are brought out of their cells both in the morning and evening and they are allowed to have a walk in accordance with the rules and that during the period they are out they mix with each other. He has further stated that interviews are permitted in accordance with the rules and that during the interview some distance is maintained with a view to minimise any mischief and this has been done keeping in mind the security of the petitioners. It is further stated that the petitioners are allowed to have newspapers and they also have been provided law books inside their cells and some stationery has also been provided for their use. The Jail Superintendent has further stated that the prison dress has been provided to the petitioners and they have been allowed to supplement their dress with their private woollens which the petitioners are in fact using.

( 7 ) THE petitioners in their rejoinders filed through Smt. Jasbir Kaur wife of Kehar Singh and Gurmect Singh (nephew of Balbir Singh) have reiterated that the petitioners are entitled to class b facilities which were allowed to them during the trial but have been discontinued after their conviction and sentence. It has been stated that they are being treated as convicts and allowed class c facilities. The petitioners in para 8 of the rejoinder have stated that after the order of