HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14543 of 2010 (O&M) Date of Decision: 28.02.2011 **** Ram Ditta (in custody) . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Amar Vivek, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT J. (ORAL) (1). Pursuant to the bailable warrants issued vide order dated 31.01.2011, DK Sidhu, Superintendent, Central Jail, Patiala is present in Court. His presence has been secured through coercive means as he failed to appear despite the earlier order dated 17.12.2010. Hehas been admonished and advised to be careful in future failing a strong punitive action shall be taken against him. (2). Adverting to the issue involved in this case, the said Superintendent of Central Jail, Patiala has filed his affidavit along with the report of Board of Radiologists of the Department of Radio Diagnosis, Government Medical College/Rajindra Hospital, Patiala who have opined that the age of the petitioner is “approximately 80 years (eighty) or above at the time of examination”. He, however, on the basis CWP No.14543 of 2010.doc - 2 – of the record of the Central Jail, Patiala further states that the petitioner was 71 years’ old as on 25.03.2009. (3). Learned State counsel has filed yet another affidavit of Mr. Hardevinder Singh, Deputy Superintendent of Police, Rural, Patiala wherein it is stated that the petitioner’s age has been verified from the ration card and the respectables of the village and it appears that the petitioner is above 90 years of age. (4). From the three different versions obtained through distinct sources, it appears that the petitioner is definitely more than 70 years of age. However, as an abundant precaution and in order to obtain a better factual report in this regard, I deem it appropriate to dispose of this writ petition with a direction to the learned District & Sessions Judge, Patiala to examine the material referred to above, copies whereof shall be sent to him by the Registry, coupled with his own assessment during the monthly inspection of the Central Jail, Patiala, and if satisfied that the petitioner is entitled to the benefit under the Government policy in terms whereof, the old persons/convicts are eligible to seek premature release, the Superintendent Central Jail, Patiala shall be asked to recommend to the State Government for the petitioner’s premature release, within two months of his inspection. The State Government, in turn is directed to 2 CWP No.14543 of 2010.doc - 3 – take a decision on such recommendations in accordance with the Government policy within a period of one month from the date of its receipt. (5). Ordered accordingly. Dasti. 28.02.2011 vishal shonkar (S u r y a K a n t) Judge 3