It may be worthwhile to see that under Rule 414, the
wages that would form the fund are the wages earned by the
prisoners. Hence, those would be the wages earned by all the
prisoners, unless specifically exempted forming a separate class.
The contribution to the fund is, therefore, not from the wages of
only specified prisoners. There can be no discrimination between
the types of prisoners to bring them within the purview of the rule
or exempt them therefrom, unless the prisoners themselves
belong to a class which should not contribute their wages. There
is no such classification for the prisoners who are required to
contribute a part of their wages earned by them. There cannot
be. A distinction is sought to be made out not between two
prisoners of different classes, but between the victims. Hence,
even though all prisoners must contribute, only the victims of
some of them are stated to be deserving of the compensation. It
is, therefore, argued that since a NDPS convict “has no victim”,
none can be paid compensation and, therefore, no compensation
can be deducted. Once it is seen that the doctrine of victimology
would apply to the State at large, this narrow interpretation must
be rejected.
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITIONS NO.10/2012, 21 AND 35/2013
CRIMINAL WRIT PETITION NO.10/2012
Bhakta Bahadur, V/s Inspector General of Prisons
Coram: F.M. REIS, JJ.
Citation;2015 ALLMR(cri)1945
Date of pronouncing Judgment : 27/01/2014
J U D G M E N T :- (PER SMT. R.S. DALVI, J.)
