Case Note & Summary
The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), who were serving sentences at Central Jail, Aguada, Goa. The petitioners challenged the deduction of 50% of their wages earned in prison, which was appropriated to the Common Victims Compensation Fund created under Section 36-A of the Prisons Act, 1894, as amended by the Prisons (Goa Amendment) Act, 2005, and the Goa Prisons Rules, 2006. The background reveals that one Tommy Thomas, also convicted under the NDPS Act, was allowed to receive his full wages without any deduction. However, another prisoner, Basudev Joshi, faced a 50% deduction. In an earlier order dated 24th July, 2009, Justice N.A. Britto held that prisoners of the same class cannot be discriminated against and directed that Basudev Joshi be paid his full wages. The learned judge also observed that until the Inspector General of Prisons reconsidered an order dated 11th November, 2008, the deduction should not be applied. The present petitioners, Bhakta Bahadur, Santosh Kumar Singh, and Bhag Singh, were similarly situated but were subjected to the deduction. The court framed the issue of whether the deduction violated Article 14 of the Constitution by discriminating among similarly situated prisoners. The petitioners argued that they were entitled to the same treatment as Tommy Thomas and Basudev Joshi. The respondents, represented by the State, contended that the deduction was valid under the Act and Rules. The court analyzed the facts and held that the classification between prisoners based on the date of the order or the discretion of the Inspector General of Prisons was arbitrary and without rational basis. The court found that the petitioners were identically situated to Basudev Joshi and Tommy Thomas, and therefore, the deduction could not be applied to them while others were exempted. The court directed that the petitioners be paid their full wages without any deduction, and the Inspector General of Prisons was to reconsider the order dated 11th November, 2008 to ensure uniform application of the law. The decision was in favor of the petitioners, upholding the principle of equality under Article 14.
Headnote
A) Constitutional Law - Right to Equality - Article 14 of the Constitution of India - Discrimination among similarly situated prisoners - The court considered whether deduction of 50% of wages from prisoners convicted under NDPS Act for the Common Victims Compensation Fund was discriminatory when another prisoner of the same class was allowed full wages. Held that the classification between prisoners based on the date of order or the discretion of the Inspector General of Prisons is arbitrary and violative of Article 14. The court directed that all three petitioners be paid their full wages without deduction, following the earlier order in Basudev Joshi's case. (Paras 2-5) B) Prisons Law - Prisoners' Wages - Section 36-A of the Prisons Act, 1894 (as amended by Prisons (Goa Amendment) Act, 2005) and Goa Prisons Rules, 2006 - Deduction towards Common Victims Compensation Fund - The court examined the validity of the deduction of 50% of wages from prisoners convicted under NDPS Act. Held that the deduction cannot be applied selectively; the Inspector General of Prisons must reconsider the order dated 11th November, 2008 to ensure uniform application. (Paras 2-5)
Issue of Consideration
Whether the deduction of 50% of wages earned by prisoners convicted under the NDPS Act towards the Common Victims Compensation Fund under Section 36-A of the Prisons Act, 1894 (as amended by Goa Amendment) is discriminatory and violative of Article 14 of the Constitution, given that another similarly situated prisoner (Tommy Thomas) was allowed full wages without deduction.
Final Decision
The court allowed the petitions and directed that the petitioners be paid their full wages without any deduction towards the Common Victims Compensation Fund. The Inspector General of Prisons was directed to reconsider the order dated 11th November, 2008 to ensure uniform application.
Law Points
- Discrimination
- Equal treatment
- Prisoners' wages
- Victims compensation fund
- Article 14
- NDPS Act
- Prisons Act
