Calcutta High Court Orders Inspection Of Jails In West Bengal, Says Undertrials Using Mobile Phones With Impunity

The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi said:

“We record our displeasure with regard to the casual approach taken by the Inspector General of Police (Correctional Services), West Bengal in the lax supervision of Correctional Homes particularly in the matter of search and recovery of prohibited items from the inmates.”

The bench was hearing a bail application of an accused in an NDPS Act case. While in custody in Berhampore Correctional Home in connection with another case, he allegedly entered into conspiracy with co-accused persons through mobile phone.

The court had directed IGP (Correctional Service) to conduct an enquiry into the matter. However, the court said that instead of conducting an enquiry personally, the IGP delegated it to DIG (Correctional Home) Berhampore, West Bengal, and mechanically endorsed the officer's report.

The report disclosed that a mobile phone and SIM Card was recovered from the petitioner. It further disclosed that search was conducted in 26 wards and 50 cells of the Correctional Home on 18.12.2022 and 24.01.2023 but no electronic device was detected.

The court said Call Detail Records (CDRs) show much prior to the searches, the petitioner had made calls from the Correctional Home. This establishes the fact that he was in possession of the mobile phone at the time when the searches were held, it said.

“Searches held inside the Correctional Home appear to have been done in a very casual manner. It is painful to note that the head of the department i.e. Inspector General of Police (Correctional Services), West Bengal appears to take the most lenient view in the matter,” it added.

The court further said that possession of electronic devices like mobile phones by inmates not only breaches prison discipline but also is a serious threat to security. Failure to detect such prohibited items during search prima facie amounts to dereliction of duty, it added.

The court directed the appropriate authorities to initiate disciplinary proceedings against the officers of the Police and Correctional Home Department who conducted and supervised the searches in a casual manner. 

It also took judicial notice of the fact that mobile phones and electronic devices permitting access to inmates to the outside from the Correctional Home is endemic.

“Many undertrials regularly use mobile phones with impunity to keep contact with miscreants and commit offences from jail. This grave aberration in prison security must be immediately addressed and remedied,” said the court.

The court further issued a slew of directions to the Principal Secretary and DG&IGP, Correctional Service regarding prison security which are as follows:

1. Director General and Inspector General of Police and the Principal Secretary (Correctional Services) are directed to ensure thorough searches in all the correctional homes in the State of West Bengal and ensure that no mobile phone or any electronic device through which access may be made to the outside from the Correctional Homes are in the possession of the inmates. If any gadget is found, the same shall immediately be seized.
2. The aforesaid officers shall look into the feasibility of setting up jammers inside the Correctional Homes so that the inmates are unable to use mobile phone or other devices inside the correctional home.
3. The officers shall also explore the possibility of setting up X-ray/scanner machines etc., for the purpose of checking inmates at the time when they are initially admitted to custody and/or whenever they are remitted to custody after production in Court or otherwise.

The court directed that a report regarding compliance of the directions be placed before it within four weeks.

Considering the criminal antecedents and the fact that he was regularly conversing through mobile phone with co-accused persons who were dealing in narcotics above commercial quantity, the court rejected bail application of the petitioner.

Case Title: Sukur Mondal @Sukur Ali Mondal v. The State of West Bengal

Case Citation: 2023 LiveLaw (Cal) 38

Coram: Justice Ajay Kumar Gupta and Justice Joymalya Bagchi

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