Sukesh Chandrashekhar moves Delhi HC against order barring him access to jail canteen, phone

Malik argued that the tickets were issued in “brazen violation” of the Delhi Prison Rules, according to Rule 1272 under which a prisoner against whom punishments are awarded must be informed in writing much before the pronouncement of the punishments and given a chance to respond to the allegations before an adverse step is taken against them.

Rule 1273 states that the jail superintendent must hold a proper inquiry with respect to every prison offence alleged, including by recording the statements of all witnesses concerned and giving an opportunity to the offender for defence, he argued.

“The matter went to the appraisal judge. Only after that I was communicated (about it). I was never heard, which is in complete violation of natural justice principles,” Malik submitted.

The plea stated that tickets will come into effect on May 1 and be valid till May 15, adding the order of Jail Superintendent of Central Jail, Mandoli, issued on April 17, approved the same.

In his plea, Chandrashekhar alleged that prisoners get to communicate with their family members and loved ones through “mulakat” and “phone-calling facility”. He said that he is able to communicate with his 73-year old mother, who is suffering from various health issues which does not allow her to travel, only through the phone-calling facility.

He also said that an independent enquiry is being conducted on the directions of Additional Sessions Judge, Patiala House Courts, wherein he had apprised the court of the “threats and pressure” imposed on him and his family by jail officials.