The Allahabad High Court on Tuesday (20th October), delivered an order which made it clear that a prisoner is not entitled to a phone facility in Jail.
A Division Bench of Justices Ritu Raj Awasthi and Saroj Yadav was hearing a writ petition wherein the petitioner named Mohan Singh, had prayed the Court to provide him a phone facility in jail.
Specifically, the petition was filed with the following request:
“It is most humbly prayed that this Honourable Court may kindly be pleased to:-
- Issue a writ in the nature of mandamus to direct the Respondent no. 1 to release the petitioner on parole for three months and/or
- Issue a writ in the nature of mandamus to direct the Respondent no. 1 to provide a phone facility in jail to the petitioner during the Covid-19 pandemic situation because due to the countrywide lockdown the family members are unable to visit and meet the petitioner and/or pass such other and further order/orders as may deem fit and appropriate in the interest of justice.”
To this, the Court made it clear that a Prisoner is not entitled to phone facility in Jail while stating,
“Now there is no Lockdown due to the COVID-19 Pandemic and the petitioner is even otherwise not entitled to get any phone facility in the jail, as such, he relief sought for in this regard is not reasonable in the eyes of law, it is rejected.”
In response to the prayer of issue of writ of mandamus to direct the Respondent no. 1 to release the petitioner on parole for three months, the Court was of the view that,
“Such relief in the writ jurisdiction cannot be granted, predominantly when the petitioner has not applied for the parole before the appropriate forum.”
The writ petition being ill-conceived was accordingly dismissed.