Mandatory nature of procedural requirements under Jail Prisons Act 2000 and Delhi Prison Rules, emphasizing the need for a written notice, quasi-judicial inquiry, and compliance with the true letter, spirit, and intent of the rules.

JUDGMENT

Anish Dayal, J.

1. By this petition the petitioner assails the punishment ticket dated 7th January, 2020 and the consequent order of 15th March, 2021, passed by the learned Inspecting Judge, Central Jail No. 2, Tihar for alleged recovery of a mobile phone, mobile battery and a SIM card. The petitioner has been in judicial custody since 30th May, 2007 serving his sentence having been awarded life imprisonment by the learned ASJ in proceedings arising out of FIR No. 609/2006, under Sections 302/201 IPC, registered at PS Hari Nagar. The order of sentence was dated 6th February, 2013 and the petitioner has been incarcerated since 2007 and therefore in custody for about 18 years.

2. As per the petitioner, his mother passed away on 21st January, 2020, and when he went to make a phone call to his family he was informed about the punishment awarded to him. The petitioner wrote a letter to Superintendent Tihar Jail inquiring about the said punishment and requesting for a copy of the punishment ticket. On 21st January, 2020 and 27th January, 2020, when the petitioner was released on parole by orders of this Court and met his advocate and collected a copy of Nominal Roll dated 13th January, 2020 which had been sent by the Jail Authority to this Court, he saw it was mentioned therein of the said punishment for seizure of an alleged mobile phone of the petitioner. An application was therefore preferred by the petitioner before the learned Inspecting Judge, Tis Hazari Court objecting to the imposition of the said punishment, dated 24th January, 2020. The petitioner was granted the opportunity to be heard over Video Conferencing but could not explain his case to the Judge. The learned Inspecting Judge thereby passed the impugned order dated 15th March, 2021, stating that there was no sustainable explanation of the prisoner and the punishment awarded by the Jail Authorities was approved.

3. Learned counsel for the petitioner contends that the same was in violation of Section 48(3) of Jail Prisons Act 2000 and Rule 1270 of Jail Prison Rule which provided that no punishment shall be imposed without judicial appraisal of the Sessions Judge. Further, the State has not placed on record copy of the video footage which ought to have been made by the Jail Authorities at the time of the alleged search and no efforts were made to place any details relating to mobile and the SIM card or call record which were allegedly recovered from the petitioner. The State in its supplementary report has itself mentioned that as per the punishment ticket of 07th January, 2020 a surprise search had been carried out in Ward-3, Central Jail No.2 where one Samsung mobile phone with battery and SIM card were recovered from the cell of the petitioner and it was confiscated. He was produced before the Superintendent and after hearing him, the Superintendent punished him with the stoppage of telephone and canteen facilities for a period of one month.

4. Learned counsel for the petitioner contends that a perusal of the punishment ticket, as per the counsel of the petitioner shows that his thumb impression was taken after the hearing on 21st January, 2020 since the punishment ticket was never handed over and no opportunity had been given. Thumb impression on the said ticket is of 21th January, 2020 and provides no evidence that he had been heard or supplied with the show cause notice. The procedure for awarding punishment as provided in Rule 1272 and 1273 of Delhi Prison Rules, 2018 were not followed. No notice in writing was given, no statements of concerned witnesses were recorded, no evidence or reasoning was given by the Superintendent and there was no elaboration as to what the petitioner had allegedly stated in this defense.

5. Learned counsel for the petitioner contends that as per Section 48(3) of the Jail Prisons Act, 2000 and Rule 1273 of the Rules, the punishment has to be sent within the two days for judicial appraisal whereas in this case punishment w