Delhi High Court - Orders
Pardeep Jaglan vs Government Of Nct Of Delhi & Anr on 30 September, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1818/2021 & CRL.M.A. 15047/2021
PARDEEP JAGLAN ..... Petitioner
Represented by: Mr Abhishek Bhardwaj, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
Represented by: Mr Rajesh Mahajan, ASC for the
State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 30.09.2021 The hearing has been conducted through video conferencing.
1. By this petition, the petitioner seeks directions to the respondent no.2 to produce the order sanctioning the transfer of the petitioner, also directions to transfer the petitioner to other jail and ensure security of the petitioner.
2. A Status Report was called from the Director General of Prisons as per which the petitioner is involved in seven cases, the details whereof are noted below:-
S.No. FIR No. UNDER SECTION POLICE STATION
1. 217/2015 307/353/186/34 IPC & Begumpur 25/27 Arms Act.
2. 543/2015 336/506/34 IPC & Kanjhawala 27/54/59 Arms Act.
3. 85/2016 392/411/34 IPC Kanjhawala
4. 102/2016 302/34 IPC Begumpur Signature Not Verified W.P.(CRL.) 1818/2021 Page Digitally 1 of 3Signed MUKTA By:JUSTICE GUPTA Signing Date:30.09.2021 20:48:43
5. 791/2015 307/308/506/323/34 Kanjhawala IPC & 25/27/54 Arms Act
6. 295/2020 302/120B/34 IPC & Aman Vihar 25/27 Arms Act
7. 704/2020 324/34 IPC S.P. Badli
3. As per the Status Report, since the petitioner is a High Risk Prisoner, his Ward/Cell and Jail is frequently changed. It is stated that the petitioner is lodged separately in Ward No.2 of Central Jail No.3, Tihar which is a Special Security Ward and under the surveillance of CCTV cameras. Further, the jail conduct of the petitioner is unsatisfactory and he has been violating the Delhi Prison Rules, 2018 and has been awarded jail punishments four times for recovery of mobile phones, being found in possession of tobacco etc. It is stated that the petitioner is presently in Block-A, Cell No.5 of High Security Ward at Central Jail No.1 and there are as many as 50 CCTV cameras installed, out of which 10 are installed in Block-A and 2 CCTV cameras are installed in Cell No.5 where the petitioner is presently lodged and all CCTV cameras are in working condition thereby ensuring the safety and security of the petitioner.
4. Learned counsel for the petitioner states that till now the petitioner was not a High Security Prisoner. A perusal of the petitioner's involvement reveal that the petitioner is involved in two FIRS under Section 302 IPC; two under Section 307 IPC; one under Section 392 IPC; and one under Section 336 IPC. It is evident that when the petitioner was out in FIR No.102/2016 under Sections 302/34 IPC registered at PS Begumpur he was again involved in an offence under Section 302 IPC registered at Aman Signature Not Verified W.P.(CRL.) 1818/2021 Page Digitally 2 of 3Signed MUKTA By:JUSTICE GUPTA Signing Date:30.09.2021 20:48:43 Vihar. Considering the involvements of the petitioner it cannot be said that the petitioner has been wrongly classified as 'High Risk Prisoner'.
5. Petition is dismissed.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J SEPTEMBER 30, 2021 MK Signature Not Verified W.P.(CRL.) 1818/2021 Page Digitally 3 of 3Signed MUKTA By:JUSTICE GUPTA Signing Date:30.09.2021 20:48:43