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1991 Supreme(P&H) 164

S.D.BAJAJ
Bawa Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.D.Bajaj, J.

1. Detenu petitioner Bawa Singh has filed Criminal Misc. No. 10414-M of 1990 for quashing of the two jail punishments awarded to him by the jail authorities on 21st March, 1988 and 6th March, 1990.

2. It has been stated in reply that warning was administered on 21st March, 1988 for talking loudly to Jail Superintendent and that two days remission was cut on 6th April, 1990 for the petitioner reporting back to jail custody on the next day after 5th April, 1990 when he was expected to return.

3. Warning is no punishment; more when rude behaviour was not repeated and, therefore, it had the desired effect. The second punishment dated 6th April, 1990 was also not justified when the petitioner had urged mistake in calculation and had voluntarily surrendered himself to jail custody on the following day. Explanation offered by the petitioner for solitary days delay in arrival back to jail custody was thus wrongly disbelieved by the jail authorities concerned.

4. For the reasons given above, Criminal Misc. filed by the petitioner is allowed, and both the jail punishments awarded to the petitioner On 21st March, 1988 and 6th April, 1990 are quashed. Order accordingly.

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