The Punjab and Haryana High Court on Tuesday issued notices to the Chandigarh Administration on a public interest litigation (PIL) demanding quashing of provisions in the Punjab Jail Manual that allowed authorities to classify prisoners on the basis of family background,or income,or education level. As per the provisions,prisoners and under-trials are grouped a Better Class Prisoners or Undertrials (In Haryana) and Class-A or Class-B Prisoners and under-trials (in Chandigarh) and class-C Prisoners or under-trials in UT Chandigarh. Notices were issued by a division bench comprising Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain in two separate PILs filed by Advocate H C Arora. The petitioner has contended that classification of prisoners violates Articles 14 and 15 of the Constitution Prisoners cannot be treated differently in jail since they cannot be treated differently before the trial courts; all criminals are equal before law. Thus,grant of better facilities to more educated,richer or high family status inmates is arbitrary and illega, Arora added. The petitioner referred to the provisions of the Jail Manual to substantiate that the better class prisoners in Chandigarh and Haryana Jails are entitled to better facilities when compared to ordinary class prisoners,including (i) facility to get food cooked separately,or to eat home-cooked food; more news papers,more number of magazines; to have more visitors; exemption from difficult jobs (mushakkat) (vi) bedding. Referring to the Jail Manual,the petitioner stated that non-habitual prisoners of good character,and prisoners who by social status,education and habit of life have been accustomed to a superior mode of life are eligible for grant of better-class facilities in Haryana jails. Those prisoners,however,who are convicted for offences involving elements of cruelty,moral degradation or personal greed,those who are convicted for serious or pre-meditated violence,are not eligible for grant of better class facilities in the Haryana and Chandigarh Jails.
