STATE OF PUNJAB Vs. NIHAL SINGH

JUDGEMENT

(1.) Crl. A. No. 708/2001

(2.) It is pertinent to note that the question of vires of Para 576-A of Punjab Jail Manual was not raised by anyone before the High Court. The High Court also, before formulating its opinion as expressed in the impugned order, did not give any indication of its mind that adjudication upon the constitutional validity of the provision was proposed. None was put on notice. Nobody was afforded an opportunity of bringing on record material relevant for adjudication upon such validity. The Advocate General of the State was not put on notice. The procedure adopted by the High Court while invalidating Para 576-A of the Punjab Jail Manual was wholly unsatisfactory and unsustainable.

(3.) For the short reason as abovesaid and without expressing any opinion on the merits or otherwise of the finding arrived at by the High Court, the judgment under appeal is set aside. The writ petition filed by the respondent shall stand restored on the file of the High Court for hearing and decision afresh and in accordance with law.