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2011 DIGILAW 1117 (PNJ)

Court on its own motion v. State of Haryana

2011-04-26

RANJAN GOGOI, SURYA KANT

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JUDGMENT RANJAN GOGOI, C.J. - This suo-motu writ petition has been registered on the basis of a note dated 25.03.2010 of a learned Single Judge of this Court. In the said note the learned Single Judge after having inspected the Central Jail at Sonepat, during the course of the annual inspection, had suggested that telephone/STD facilities in the jail premises be provided to the inmates on the same lines as provided in Tihar Jail, Delhi. 2. On registration of this suo-motu writ petition, notices had been issued to the States of Punjab, Haryana and the Union Territory Administration, Chandigarh. 3. The State of Punjab has responded by saying that out of 27 District/Central/Sub Divisional jails telephone/STD facilities have been provided in 25 jails. However, in the high security jails at Nabha and Sangrur, such facilities have not been made available. The high security jails in Districts Nabha and Sangrur, admittedly, house ordinary convicts apart from terrorists and high security prisoners. Such terrorists and high security prisoners are housed in separate wings of the jails. If that is so we do not see why telephone/STD facilities cannot be provided to the inmates of the aforesaid two jails who have no connection with any terrorist activities or are high security prisoners. The State of Punjab is accordingly directed to consider extension of the facility in question to the ordinary/convicts lodged in Nabha and Sangrur jails and take an early decision in the matter. 4. In so far as the State of Haryana is concerned, the stand which was initially negative, has, upon reconsideration, taken a positive turn. In the affidavit of the Under Secretary Jails & Judicial Department filed in Court today i.e. 26.04.2011 it has been stated that the State of Haryana has decided to provide telephone/STD facilities to the inmates of all the jails on the pattern of Tihar Jail. The following extract from para No.2 of the affidavit would sum up the situation:- “In this facility, the finger prints of every new prisoner are scanned and stored in the system for his/her correct identification. Whenever, a prisoner wants to make a call, he/she will approach the telephone booth and identify him/herself by finger prints through a biometric scanner. On identification the system will display two phone numbers given by the prisoner and the prisoner will have to touch one of the numbers to proceed with a call. Whenever, a prisoner wants to make a call, he/she will approach the telephone booth and identify him/herself by finger prints through a biometric scanner. On identification the system will display two phone numbers given by the prisoner and the prisoner will have to touch one of the numbers to proceed with a call. The duration of the call should not be more than five minutes and entire conversation should be recorded.” Having considered the conditions subject to which telephone/STD facilities have now been decided to be provided to the inmates of all the jails in Haryana, we are of the view that the conditions imposed are reasonable, at this stage, except that the recording of the conversation should not be a general rule but such recording may be made by the jail authorities whenever required keeping in view the track record and the antecedents of the prisoners. Further more, confidentiality of such conversations, as may be recorded, should be maintained. Subject to the above the State of Haryana shall now take all necessary steps to provide telephone/STD facilities to the inmates of the different jails under its jurisdiction. 5. A request has been made on behalf of the Union Territory Administration, Chandigarh for adjournment of the case by stating that the matter is under 'active consideration' of the I.G.P. Prisons. The Union Territory Administration having been afforded adequate opportunities in the past we are not inclined to adjourn the case. 6. When telephone/STD facilities, subject to certain conditions, have been provided/decided to be provided to the inmates of the jails in the States of Punjab and Haryana we do not see how and why a different standard can be adopted in respect of the sole jail within the jurisdiction of the U.T. Administration, Chandigarh i.e. Burail Jail. We, therefore, direct the U.T. Administration to make such facilities available to the inmates of the Burail Jail also subject to such conditions as may be considered appropriate by the concerned authority of the U.T. Administration. The U.T. Administration will act in the matter with due promptitude so that the benefit/service can be availed by the inmates of Burail Jail at an early date. 7. Having dealt with the issues arising in the writ petition in the above manner we do not consider it necessary to let this PIL remain pending any longer. The U.T. Administration will act in the matter with due promptitude so that the benefit/service can be availed by the inmates of Burail Jail at an early date. 7. Having dealt with the issues arising in the writ petition in the above manner we do not consider it necessary to let this PIL remain pending any longer. We accordingly dispose of the same in terms of the above directions.