Inadequate Calling Facility In Jails May Lead To Desperation In Prisoners To Smuggle Phones: Punjab & Haryana High Court

The Punjab and Haryana High Court on Thursday orally remarked that if the prison system does not have adequate facilities for calling family members for the prisoners, they will feel desperate and may resort to smuggling phones inside the jail.

A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh was hearing a suo moto case on prison security in Punjab, Haryana and Chandigarh.

While perusing the affidavit submitted by ADGP, Punjab wherein the time-line for installation of adequate calling system was stated "8 months" Justice Grewal said, "The desperation for calling the family members makes prisoner to smuggle phones."

Justice Grewal questioned the Punjab Prison authority for giving a longer time line for installation of calling system in Jails. "This goes to root of the problem otherwise they bribe the officials to get the phones...the time line needs to be reduced," said the judge.

The Court added further, if sufficient number of calling system is installed then the ordinary prisoner will not risk of smuggling in or request (illegally) for calls.

Previously, the Court had orally asked the Punjab Prison authority to come up with the shortest possible timeline for installation of security equipment in prisons, to prevent unauthorised use of mobile phones by inmates.

Expressing dissatisfaction with the proposal, the division bench had pointed that incidents of inmates using phones and creating videos in jails are occurring almost daily. "This situation is an embarrassment for the ADGP and has a negative impact on the law and order situation in the State," added the Court.

While listing the matter for February 07, the Court noted that, "counsel representing the respondents-UT Administration, Chandigarh and the States of Punjab and Haryana pray for time to file their respective affidavits stating as to what steps have been taken by the Jail staff to prevent the use of mobile phone in jail including patrolling and how many times the checking in this regard is undertaken in a day and as to how many mobile phones have been recovered and action taken against the erring officials."

Appearance:

Tanu Bedi, Advocate as Amicus Curiae and Sumit Kumar, Advocate.

Arun Gosain, Senior Govt. Counsel for the respondent/UOI.

Ishma Randhawa, Addl. A.G., Punjab.

Harmandeep Singh Sullar, Senior DAG, Punjab.

Ashish Yadav, Addl. A.G., Haryana.

Munish Bansal, Public Prosecutor, UT, Chandigarh and Rajiv Vij, Additional Public Prosecutor for UT, Chandigarh.

Gourave Bhayyia Gilhotra, Advocate and Hitesh Verma, Advocate for the applicant in CM-85-CWPIL-2023.

Case Title: Court on its own motion v. State of Punjab