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2021 Supreme(P&H) 1043

SUDHIR MITTAL
Rajia – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Amjad Khan, Advocate, Mr. R. Kartikeya, Advocate, Mr. Adarsh Priyadarshi, Advocate, Mr. Raghav Sharma, Advocate, Mr. Saurav Bhatia, Advocate, for the Appellant, Mr. Sahil Sharma, DAG, Punjab, for the Respondent.

JUDGMENT

1. "A society that believes in the worth of individual beings can have the quality of its belief judged, at least in part, by the quality of its prison and probation services and of the resources made available to them". This passage has been extracted from a White Paper entitled "People in Prison" published by the British Government in November, 1969.

2. Many years earlier, precisely on 25.07.1910, Sir Winston Churchill speaking as Home Secretary, said in the House of Commons:

"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country. A calm dispassionate recognition of the rights of the accused, and even of the convicted criminal, against the State - a constant heart-searching by all charged with the duty of punishment - a desire and eagerness to rehabilitate in the world of industry those who have paid their due in the hard coinage of punishment; tireless efforts towards the discovery of curative and regenerative processes; unfailing faith that there is a treasure, if you can only find it, in the heart of every man. These are the symbols, which, in the treatment of crime and cr

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