Punjab and Haryana High Court Demands 'Serious Introspection' Over Jail Mobile Phone Access
The Punjab and Haryana High Court has voiced significant concern regarding allegations that an undertrial prisoner managed to access a mobile phone while in jail custody. The court has called for "serious introspection" by the Haryana home department to address this security lapse.
Court Observations During Bail Hearing
Justice Sanjay Vashisth made these pointed remarks while granting bail in a narcotics-related case. The petitioner was accused of involvement in a drug trafficking network, and the court was surprised to note allegations that he had been in contact with other accused individuals via mobile phone during his incarceration.
Questioning how such access could have gone unnoticed by prison authorities, the court stated that either the allegations were baseless or there was "connivance or negligence" on the part of jail officials. The bench emphasized that such failures, if proven true, represent a grave threat to public order and the integrity of correctional institutions.
Details of the Narcotics Case
The case originates from an FIR registered at Bhuna police station in Fatehabad under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, following the seizure of approximately 500 grams of heroin. The petitioner's counsel argued that although their client is implicated in 54 criminal cases, only one conviction relates to drugs, with the others not falling under the NDPS Act.
The defense alleged that the petitioner was falsely implicated in this NDPS case to "inflate the number of accused persons for ulterior motives", merely because he is known to the police. They further contended that no mobile phone was recovered from the petitioner.
State's Response and Court's Directive
In contesting the bail plea, the state counsel claimed that the petitioner had destroyed the mobile phone. However, it was acknowledged that at the time of the alleged offense, or even prior, the petitioner was already in judicial custody.
After hearing arguments from both sides, the High Court ordered the petitioner's release on bail. Simultaneously, the court underscored the urgency for the Haryana home department to conduct a thorough review. "Situations where prisoners manage to engage in unlawful activities within custody are wholly unacceptable and contrary to expectations from the justice system," the HC asserted.
The court's directive for introspection aims to prevent future occurrences of such security breaches, highlighting the critical need for vigilance and accountability in prison management.
