C.W.P. No. 5800 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5800 of 2010 Date of decision: 18.4.2011 Court on its motion ........Petitioner Versus The State of Punjab and others ........Respondents CORAM:- HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Alok Jagga, Advocate (Amicus Curiae) for the petitioner Ms. Madhu Dayal, Additional Advocate General Punjab Mr. Kulvir Narwal, Additional Advocate General, Haryana Mr. Sanjay Kaushal, Senior Standing counsel for Union Territory, Chandigarh Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for Reserve Bank of India RANJAN GOGOI, CJ. : (Oral) This suo motu writ petition has been registered on the basis of the note submitted by a learned Single Judge of this court which is to the following effect:- “During the jail inspection, the enclosed application was presented before me by one of the convicts. The convict is finding it difficult to get his pension drawn from the bank. As pleaded in the application, the arrangement for escort to take him to the Bank are not being made and he is thus, not able to draw his pension. C.W.P. No. 5800 of 2010 2 The issue in my view, is of general public interest and importance. This problem needs to be tackled on the judicial side. The possibility of opening a counter in the jail premises can be considered instead of making arrangement for escort to take the convict to the Bank for withdrawal of pension. Accordingly, I consider it appropriate to put up this application on the judicial side for consideration and passing appropriate order in this regard after obtaining orders from Hon'ble the Chief Justice.” To resolve the problem highlighted in the note of the learned Single Judge the court had appointed an Amicus Curiae and had also issued notices to the States of Punjab, Haryana and the Union Territory, Chandigarh. The Reserve Bank of India was impleaded as a party respondent at later stage of the proceeding. The learned Amicus Curiae has very painstakingly compiled his suggestions which were offered to the court and States of Punjab and Haryana and Union Territory Chandigarh have filed their responses in the matter. Subsequently i.e. on 21.1.2011 the Reserve Bank of India has filed its written statement in the case. In paragraph 2 of the written statement filed by the Reserve Bank of India the suggestions of the learned Amicus Curiae and the responses of the respective States and the Union Territory Administration have been set out. A perusal of the averments made in paragraph 2 of the written statement of the Reserve Bank of India would go to show that, according to the Reserve Bank of India, the feasibility of a bank or banks to open an extension counter in each and every jail is not possible as the number of pensioners who are undergoing sentences in the jails is too small. C.W.P. No. 5800 of 2010 3 According to the Reserve Bank of India it would be more appropriate if a jail convict issues instructions to his bank for periodical/monthly transfers of a stipulated amount to the account of a named beneficiary, in which event, the amount ordered will stand remitted and deposited in the bank account of the such beneficiary on the date/dates as may be fixed by the convict. From such account the beneficiary would be able to withdraw any amount that may be lying in deposit as per normal banking procedure. The Reserve Bank of India has also suggested that in the event a convict is not in a position to opt for such a course of action, he may issue a cheque from the jail itself which can be made available to the payee or an authorized person by the Jail Superintendent. It is also the suggestion of the Reserve Bank of India that the cheque book of a convict should be kept in the safe custody of the Jail Superintendent for periodical use by the convict. In the written statement filed by the Reserve Bank of India it has been further stated that it would always been open for the jail authorities to request any bank to open an ATM in the jail premises, in which event, subject to fulfillment of the prescribed norms cash amounts can also be withdrawn for being handed over to the family members of a convict. The above suggestions of the Reserve Bank of India satisfies the Court that the same are reasonable and practicable. As the said suggestions are in conformity with the standard banking procedures and the same could benefit a convict and his family members to receive timely payment of the pension amount, we are of the view that the said suggestions should be accepted and implemented by the States of Punjab, Haryana, the Union Territory Chandigarh. We wish to add that granting of pensions is subject to certain C.W.P. No. 5800 of 2010 4 procedural requirements including grant of a life certificate to the pensioner. In the case of pensioners who are lodged in various jails such life certificates can be/should be issued by the Jail Superintendent to facilitate withdrawal of pension by such a convict. We, therefore, order accordingly. As all the issues raised have been answered we do not see any reason to keep this writ petition pending any longer. Accordingly we dispose of the same in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE April 18, 2011 RSK NOTE: Whether to be referred to the Reporter or not? _____