Disposed

Prabhat Adarsh Jankalyan Samit v. the State of Bihar and Ors.

Patna HC3 Feb 2015CWJC/5163/2011

Case brief

AI extract

What is this about?

In a PIL, the court addressed a petition seeking direction to install telephone booths in jails for prisoner communication. Rejecting specific direction due to security concerns, the High Court only directed respondents to consider the petitioner's representation.

What did the court decide?

Directing respondents to consider the petitioner's representation to install telephone booths in jails, without issuing specific directions, subject to security considerations.

Prabhat Adarsh Jankalyan Samit Vs the State of… — Pension and Retirement Benefits | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5163 of 2011 ================================================	===========
Prabhat Adarsh Jankalyan Samiti Hiranya Niwas, Baldeo Punaichak, Patna through Its Secretary Prem Chand Singh ... Versus	Bhawan Road, . .... Petitioner
1. The State of Bihar
2. The Principal Secretary Home, Government of Bihar, Patna 3. Inspector General of Jail, Bihar, Patna 4. The District Magistrate, Patna
5. The Superintendent of Adarsh Central Jail Beaur, Patna .... ================================================	.... Respondents ===========
Appearance :
For the Petitioner : Mr. Nagendra Kumar Singh, Advocate
For the Respondents: Mr. Mritunjay Kumar, AC to AAG 10 ================================================ CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN	===========

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ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-02-2015

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The petitioner claims to be a Non-Governmental Organization, namely, Prabhat Adarsh Jankalyan Samiti. It filed the writ petition in the form of public interest litigation and prayed to direct the respondents to install telephone booths in Central Jail, Beur at Patna as well as other District Jails to enable the prisoners to have conversation with their family members.

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Respondents have filed a counter affidavit. It is stated that though a proposal was under consideration, it was dropped on account of the misuse of telephones by the criminals. It is also stated that on several occasions, cell-phones were recovered from the inmates of the jails. Under the circumstances, it is not advisable to

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Patna High Court CWJC No.5163 of 2011 dt.03-02-2015

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provide such facility.

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Heard Mr. Nagendra Kumar Singh, learned counsel for the petitioner and Mr. Mritunjay Kumar, learned Assistant Counsel to Additional Advocate General No.10.

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The petitioner wants the communication facilities in the form of telephone booth to be installed in the prisons. Though it can be treated as a welfare measure, other security consideration needs to be taken into account. The concerned Jail Superintendents and the State Jail Administration are better suited for this. The High Court cannot issue any specific direction in this behalf. In case the jail authorities feel that installation of telephone booths in the jail premises is not a security threat, the same can be considered.

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Therefore, the writ petition is disposed of directing the respondents to consider the representation of the petitioner in this behalf. However, it shall be construed that we have not issued any direction in this behalf. There shall be no order as to costs.

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The interlocutory application, if any, shall stand disposed

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of.

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(L. Narasimha Reddy,CJ)

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B.T/U

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(Vikash Jain, J)

Prabhat Adarsh Jankalyan Samit v. the State of Bihar and Ors.

Case brief

What is this about?

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Prabhat Adarsh Jankalyan Samit v. the State of Bihar and Ors.

Case brief

What is this about?

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What the court decided

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