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1981 Supreme(MP) 511

G.P.SINGH, FAIZAN UDDIN
Babulal Chowdhary – Appellant
Versus
Editor and Publisher of Local Hindi Daily Nav Bharat – Respondent


JUDGMENT :

( 1. ) THIS order shall also dispose of Misc. Petns. Nos. 26 and 154 both of 1981.

( 2. ) THE petitioners in all these petitions are b Class prisoners. They challenge the order dated 17th Dec. 1980 passed by the State Government abolishing the division of prisoners into A, B and C Classes and the order of the Inspector General of Prisons, dated 29th Dec. 1980, directing that the rules in the Jail Manual relating to the classification are rendered ineffective in view of the order of the State Government. These orders are exhibited in Misc. Petn. No. 24 of 1981 as Annexures R-III and R-IV.

( 3. ) SECTION 59 of the Prisons Act 1894, empowers the State Government to make rules on a number of matters. Under this section, the State Government has power to make rules "for the classification and separation of prisoners. " In exercise of this power the State Government mads rules which are contained in the Jail Manual. Rule 368 in this context is relevant which says that convicted criminal pri-; soners shall be divided into three classes : Class A, Class B and Class C There are other rules on various matters which deal with the different classes of prisoners separately. These are Ru


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