CM No. 12601 of 2009 in CWP No. 4188 of 2008. *** Daljit Singh “ Bittu Vs. State of Punjab and others. *** Present: Shri Navkiran Singh, Advocate, for the applicant-petitioner. Shri Rupinder Khosla, Addl: A.G.Punjab, for respondents No. 1 and 4. Shri Anil Rathee, Addl: A.G.Haryana, for respondents No. 2 and 5. Ms. Alka Chatrath, Advocate, for respondents Nos. 3 and 6. *** Heard. Keeping in view the fact that the learned counsel for the petitioner agrees to the matter being disposed of with appropriate directions without going into the merits of the contentions raised, we take up the writ petition for final hearing and disposal. CM No. 12601 of 2009 disposed off. CWP No. 4188 of 2008. *** This petition has been filed in public interest. It prays for a mandamus directing the respondents to ensure a tobacco smoke free environment in various jails in the States of Punjab, Haryana and U.T.Chandigarh. At the hearing before us today Mr. Navkiran Singh, drew our attention to the orders passed by this Court on May 30, 2009 in CWP No. 15041 of 2007 by which this Court has appointed a Committee each for the States of Punjab and Haryana to examine and make recommendations among others on the following specific points concerning management of the Jails in the two states. 1. Old and dilapidated buildings; 2. Over crowding; 3. Delay in trial; 4. Neglect of health and hygiene; 5. Insufficient food and clothing; 6. Insufficient medical facilities etc.; -2- CWP No. 4188 of 2008. 7. Lack of facilities to treat and rehabilitate mentally ill prisoners/under trials; 8. Implementation of recommendations made by National Human Rights Commission regarding care and treatment of mentally challenged prisoners who are unable to face trials on account of their incapacity; 9. How to deal with the mentally ill prisoners who have undergone period of sentence minimum prescribed/most part of it, for an offence with which they were charged; and 10. Need to re-look into the provisions of Punjab Jail Manual taking note of recommendations made in Model Prison Manual. Mr. Singh submits that neglect of health and hygiene appearing at item No.4 above is wide enough to include examination of the issues that have been raised by the petitioner in this petition. He urged that non-smokers confined to the jails are becoming passive victims of smoking which needs examination whether smoking should at all be permitted and if it can be permitted, the jail authorities ought to consider for non-smoking zone where the non-smokers can spend their time without any hazard. Mr. Khosla, learned counsel appearing for the respondents submits that since the Committees constituted by this Court are examining various issues concerning reforms in to the management in the jails. The issue whether smoking should be forbidden and so far whether non- smoking zoes can be created within the jails can also be examined by the Committee for a suitable recommendation to be made to this Court. In the circumstances, therefore, we are not called upon to examine on merits the issue raised for our determination in this petition. With the consent of the parties, we direct that the questions raised in this writ petition shall also stand referred to the Committee for an appropriate recommendation whether in the nature of amendments in the Jail Manual or other steps considered appropriate to save non-smokers from the -3- CWP No. 4188 of 2008. hazards of smoking. A copy of the writ petition together with a copy of this order shall be forwarded by the Registry to both the Committees for appropriate action at their ends. With the above observation, the writ petition is disposed off. (T.S.Thakur) Chief Justice August 07, 2009 (Kanwaljit Singh Ahluwalia) Malik Judge