STATE OF PUNJAB AND ORS. versus NIHAL SINGH

STATE OF PUNJAB AND ORS. versus NIHAL SINGH

The High Court's procedure in invalidating Para 576-A was unsatisfactory as the question of vires was not raised nor were relevant parties given notice. The writ petition is restored for fresh adjudication.

Parties
Appellant: State of Punjab and Ors.; Respondent: Nihal Singh; Advocate: Balwant Singh Malik; Advocate: Bimal Roy Jad; Advocate: B.K. Khurana; Advocate: Ms. Sunita Pandit; Advocate: Mrs. Vandana Singh; Advocate: Mrs. Santosh Singh; Advocate: Rishi Malhotra; Advocate: Prem Malhotra; Advocate: Jai Prakash Dhnada; Advocate: Smt. Raj Rani Dhanda; Advocate: Sunder Khatri
Jurisdiction
India
Judgment Date
18 September 2002
Procedural Posture
Criminal Appeal / Appeal to Supreme Court From High Court
Outcome
appeal allowed, judgment of High Court set aside, writ petition restored; related appeals disposed as infructuous
Legal Topics
Classification of Prisoners, Punjab Jail Manual, Articles 14 and 15 of Constitution, Judicial Procedure, Ultra Vires
Constitutional Law Criminal Law Prison Administration Classification of Prisoners Punjab Jail Manual Articles 14 and 15 of Constitution Judicial Procedure Ultra Vires

Case Brief

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Parties

State of Punjab and Ors.

Appellant

Nihal Singh

Respondent

Balwant Singh Malik

Advocate

Bimal Roy Jad

Advocate

B.K. Khurana

Advocate

Ms. Sunita Pandit

Advocate

Mrs. Vandana Singh

Advocate

Mrs. Santosh Singh

Advocate

Rishi Malhotra

Advocate

Prem Malhotra

Advocate

Jai Prakash Dhnada

Advocate

Smt. Raj Rani Dhanda

Advocate

Sunder Khatri

Advocate

Procedural Posture

Criminal Appeal / Appeal to Supreme Court From High Court

Legal Issues

  1. 1 Whether the classification of convicted prisoners under Para 576-A of Punjab Jail Manual is ultra vires the Constitution
  2. 2 Whether proper procedure was followed by the High Court in invalidating Para 576-A

Ratio Decidendi

The High Court's procedure in invalidating Para 576-A was unsatisfactory as the question of vires was not raised nor were relevant parties given notice. The writ petition is restored for fresh adjudication.

Court Disposition

appeal allowed, judgment of High Court set aside, writ petition restored; related appeals disposed as infructuous

Orders

  • writ petition restored on file of High Court for hearing and decision afresh
  • appeals disposed of as infructuous