Bombay High Court
Ganesh Devidas Shinde vs The State Of Maharashtra on 4 February, 2019
Bench: A.S.Oka, A.S.Gadkari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 5557 OF 2018
Ganesh Devidas Shinde. ... Petitioner.
V/s.
The State of Maharashtra. ... Respondent.
None for the petitioner.
Ms.P.P.Shinde, APP for the respondent- State.
CORAM : A.S.OKA AND A.S.GADKARI, JJ.
DATE : 4th February 2019.
P.C. :
Heard the learned APP for the State. Perused the affidavit of Shri Rajkumar Sali, Superintendent, Nashik Road Central Prison. In this case, the police report called by the Jail Superintendent for dealing with the application for parole made by the petitioner was received by email. The stand taken in the affidavit is that the police report did not bear the seal of the Inspector of Police of Sion Police Station and was not signed. The Jail Superintendent has stated that as the report received by email did not bear seal of the concerned police station, it was not considered and a letter was forwarded to the concerned police station with a view to verify authenticity of the said report. Thereafter, a fresh report was never received.::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 22:59:06 :::
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2. Whenever a competent authority needs police report for dealing with applications for parole or furlough, it is always ideal if the police report is sent by email in as much as it avoids delay. This is a second case where we have noticed that the police report received by email was not considered on the ground that it did not have seal of the concerned police station.
3. While we welcome the fact that the police reports are sent to the concerned authorities by email, it is necessary for the Director General of Police or the Home Department to lay down a protocol (guidelines) for forwarding such reports to the competent authority empowered to deal with the applications for parole or furlough. The protocol is required to be laid down to ensure authenticity of the report. Secondly, the protocol needs to be laid down for maintaining confidentiality of the report. In the present case, the officer went to a private Ciber Cafe for obtaining the police report received by email. In such case, there will be a compromise with the confidentiality of the police report. In the present case, the internet facility for Nashik Road Central Prison was not working on 16 th March 2018. The internet facility is provided by Bharat Sanchar Nigam Limited (BSNL). The affidavit of Jail Superintendent is silent about the particulars of the complaint made about stoppage of internet facility.
Whether the complaint was filed on the same day or not is not disclosed.
4. Disconnection of internet facility to a Central Prison is a very serious default on the part of the service provider. We, therefore, direct ::: Uploaded on - 07/02/2019 ::: Downloaded on - 15/03/2019 22:59:06 ::: SKN 3/3 5557.18-wp.doc the Home Ministry to take up the matter to BSNL with a view to ensure that such an incident is not repeated again.
5. We direct the appropriate officer in the office of the Director General of Police to file an affidavit setting out the protocol (guidelines) laid down for sending police report for dealing with applications for furlough and parole. For considering the said affidavit which shall be filed on or before 15th February 2019, this petition shall be listed under the caption of direction on 18th February 2019.
(A.S.GADKARI, J.) (A.S.OKA, J.)
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