High Court sets aside punishment for inmates for using mobile phones in jail

New Delhi: The Delhi High Court has set aside the punishment imposed on two jail inmates for allegedly using mobile phones which were stated to be recovered from an air duct following a surprise search in the wards. Justice Jasmeet Singh set aside the punishment stopping the petitioner inmates' from using the calling system and mulakat (meeting) for one month subject to the approval of the court concerned on the ground that it was issued in violation of the jail rules.

In the present case, four mobile phones and two sim cards were stated to be recovered based on the statement of an inmate who also revealed the names of the petitioners.

The court observed that petitioners were punished twice for the same offence by the same authority and reliance on oral disclosure statements in the absence of witnesses also finds no place in the Delhi Prison Rules.

The whole idea of Rule 1272 and 1273 stems from the fact that the rights of the inmates need to be protected and any statement implicating them should be recorded in the presence of witnesses. Oral disclosure statement and oral confessional statements in the absence of witnesses finds no place in the Delhi Prison Rules, said the court in its recent order. The punishment awarded to the petitioners is also violative of Rule 1275 as the petitioners have been punished twice over for the same offence by the same authority.