JAI SINGH SEKHON, J. - (1.) THROUGH this writ petition, the petitioner seeks the quashment of the order of the Superintendent Jail, Ferozepore awarding different punishments on 19-4-1981, 21-12-1984, 11-3-1986, 20.6.86 and 11-11-1989 under section 44 of the Prisons Act.
(2.) SO far as the jail punishments awarded on 19-4-1981 and 17-12-1984 are concerned, more than 5 years have elapsed since these punishments were awarded. In view of the decision of this Court in Gurmit Singh v. State of Punjab, 1988(2) Recent Criminal Reports 490: 1988(2) All India Criminal Law Reporter 987, these jail punishments shall no longer offer any hindrance to the consideration of the premature release of the petitioner by the concerned authorities. Regarding the jail punishments awarded on 11-3-1986, 20.6.1986 and 1-1-1986 it transpires that the grouse of the petitioner is that the enquiry was not conducted in accordance with the procedure laid down under section 46 of the Prisons Act as the petitioner was never afforded opportunity to cross-examine the witnesses and to defend himself. It is also maintained that the enquiry was conducted by the Assistant Superintendent Jail and the Superintendent Jail had passed the final order. In the return filed by the respondents, it is maIntaIned that the above-referred jail punishments were awarded by the SuperIntendent Jail after followIng the due procedure and the prisoner was afforded an opportunity to examIne the witnesses. Details of the procedure followed by the SuperIntendent jail is also appended as Annexure R. to the written reply.
(3.) I have heard the learned counsel for the parties besides perusing the record.;