T.P.S.MANN,J - (1.) THE petitioner has prayed for a direction to the respondents to decide his application under Section 509 of the Punjab Jail Manual and for the grant of Better Class facilities (hereinafter referred to as 'B-Class facilities') to him.
(2.) THE petitioner, along with two others, was tried in FIR No. 425 dated 15.8.1999 registered at Police Station Sadar, Patiala under Sections 302/34 IPC. During the trial of the said case, the petitioner was allowed B-Class facilities. However, after his conviction, he applied for the same facilities, but it was withheld by Superintendent, Central Jail, Patiala. According to the petitioner, he was an income tax payee. He has placed on record copies of the income tax returns for the assessment years 1997-98, 1998-99 and 1999-2000, as per which he paid a sum of Rs. 480/-, Rs. 167/- and Rs. 368/- as income tax, respectively, for the said years. Order (Annexure P- 2) passed by Additional Sessions Judge, Patiala while accepting the prayer of the petitioner for B-Class facilities during the trial of the case, has been referred to in support of the plea that petitioner was earlier granted such a benefit. Once the B-Class facilities were not granted to the petitioner after his conviction, he moved a petition in this regard, which was disposed of on 4.4.2005 with a direction to the petitioner to apply afresh under the new rule i.e. Para 509 of Punjab Jail Manual, 1996. The authorities were directed to dispose of the said application within a period of two months from the date of receipt of such an application. Afterwards, the petitioner filed a fresh application, which was rejected by respondent No. 2, as is clear from letter dated 22.6.2006 (Annexure R-1) sent to Superintendent, Central Jail, Patiala.
(3.) THE plea of the petitioner is that he being an income-tax assessee and used to superior way of life, was entitled to B-Class facilities under para 509 of Punjab Jail Manual. In support of his plea, the petitioner has placed reliance on Naib Singh v. State of Punjab and another, 1993(2) RCR(Criminal) 514. Further that para No. 576-A of the old Punjab Jail Manual, which permitted the extension of B-Class facilities to those prisoners who by social status, education or habits of life, were accustomed to a superior mode of living, had the force of law and could not be superseded by executive instructions.;