Salim Hussain vs State ( Govt Of Nct Of Delhi)
2020 Latest Caselaw 167 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                               Judgment Reserved on: 19.11.2019
                             Judgment Pronounced on: 13.01.2020

+       W.P.(CRL) 239/2019

        SALIM HUSSAIN                              ..... Petitioner
                          Through      Mr. Akshay Bhandari,
                                       Advocate
                          Versus

        STATE ( GOVT OF NCT OF DELHI)              ..... Respondent
                          Through      Mr. Ranbir Singh Kundu,
                                       ASC (Criminal) with Mr.
                                       Shivam Sahoran, Mr. Hitesh
                                       Vali, Ms. Suman Saharon and
                                       Mr. Pawan Kumar, Advs with
                                       SI Karan Pal, P.S.: Greater
                                       Kailash Part-I

+       CORAM:
        HON'BLE MR. JUSTICE BRIJESH SETHI
                     JUDGMENT

BRIJESH SETHI, J.

1. Vide this Judgment, I shall dispose of a petition filed under

Article 226 of the Constitution of India read with Section 482 CrPC

for a writ to quash the impugned order dated 16.04.2017 by which

the petitioner has been punished by Dy. Superintendent of Jail for

entering into criminal conspiracy and awarded a punishment by

which his MULAQAT (prisoner's meeting with relatives) has been

stopped for two weeks.

2. The petitioner has been convicted u/s. 302 r/w. 120-B IPC

and has been sentenced to life imprisonment on 12.12.2013 by the

Court of Ld. ASJ-04, South-East, Saket Courts, New Delhi. The

petitioner has preferred Crl. Appeal No. 524/2014 against the said

judgment of conviction and same was dismissed on 13.04.2015.

3. The case as alleged by the prosecution is that victim Jitender

S/o. Daljeet had fought with another convict Mukesh and victim was

then called to the Control Room of CJ-08 where on being

confronted, the victim slapped the petitioner who was working as a

Chakkar Sahayak there. It was alleged that on 16.04.2017, the

petitioner entered into a conspiracy with one Jitender S/o. Hari Ram

and they both directed Madan Lal to assault the victim with a blade.

Accordingly, Madan Lal assaulted the victim with a surgical blade

and the petitioner was punished for a jail offence of conspiracy to

assault a fellow inmate under the Delhi Jail Manual and his

MULAQAT (prisoner's meeting with relatives) was stopped for two

weeks. Based on the statement of the victim jitender S/o. Daljeet, an

FIR No. 160/17 was registered at PS Hari Nagar u/s. 324/326 IPC.

Subsequently a chargesheet u/s. 324/326/341/34 IPC was filed

before the Court of Ld. MM, THC, Delhi against accused Manoj @

Monu and Madan Lal @ Badal.

4. It is submitted that even though the victim had accused the

petitioner of conspiring against him and having him assaulted.

However, after a comprehensive investigation in the matter, the

petitioner was not even chargesheeted for the said offence of

conspiracy by the police. A comprehensive investigation conducted

by the police is far more credible than an internal enquiry by the jail

authorities. When the police did not find any ground to chargesheet

the petitioner and send him to face trial for conspiracy, there is no

justification for the jail authorities to have punished the petitioner

for conspiracy under the Delhi Prisons Act. It is submitted that it

came to the knowledge of the petitioner in December 2018 only that

a chargesheet for the FIR No. 160/17 u/s. 324/326/341/34 IPC has

been filed. The petitioner was not even given the copy of

chargesheet. The petitioner was also not provided with a copy of

the punishment until 14.01.2019 and it was provided only on his

written request and, therefore, there was a delay in filing the said

petition. It is, therefore, prayed that the impugned order dated

16.04.2017 passed by the Dy. Superintendent of Central jail-08,

Tihar Jail Complex, punishing the petitioner for conspiracy be set

aside and the jail authorities be directed to award the remission to

the petitioner that was not awarded to him as a result of the said jail

punishment.

5. Status report has been filed by the Ld. ASC submitting that

during the course of investigation by the police in the case no role of

the petitioner (Salim Hussain) was found regarding injuries caused

to the complainant Jitender @ Jitu. However, sufficient evidence

was found against the inmates Monu @ Manoj and Madan Lal

Badal. After completion of investigation a charge-sheet u/s

324/326/341/34 IPC in the said case has been filed against Monu @

Manoj and Madan Lal @ Badal. Learned Trial Court has also taken

cognizance in the case and charge has been framed against both the

accused i.e. Monu @ Manoj and Madan Lal @ Badal. The

complainant Jitender @ Jitu has also been partly examined in chief

and the case is pending for trial. It is submitted that the sentence

imposed by the Jail Superintendant is in accordance with law. It is,

however, submitted that even if the petitioner was not

chargesheeted, it does not mean that he has not committed any

offence. He has, therefore, prayed for dismissal of the present

petition.

6. I have considered the rival submissions and perused the

record. The detailed investigation has been conducted by the

police officials of PS Hari Nagar and thereafter a chargesheet has

been filed against the accused Monu @ Manoj and Madan Lal @

Badal. During the course of investigation, it has come on record

that injuries were caused to the petitioner by the abovesaid

accused persons and no role has been attributed to the petitioner

Salim. It is specifically stated in the status report that during the

course of investigation in the said case, no role of the petitioner

(Salim Hussain) was found in causing the injuries to the

complainant Jitender @ Jitu. Petitioner has not even been

chargesheeted by the police in the said case. Ld. Trial Court has

taken cognizance of the offence. Charges have been framed

against the accuseds Monu @ Manoj and Madan Lal Badal. The

complainant Jitender S/o. Daljeet has been partly examined. In

view of the above facts appearing on record, the order dated

16.04.2017 passed by the Dy. Superintendent, Central Jail, Tihar,

Delhi cannot be sustained in the eyes of law and same is set

aside, in the interest of justice and jail authorities are directed to

award the remission if any, earned by the petitioner which was

stopped due to punishment inflicted upon him by the Dy.

Superintendent, Central Jail, Tihar, Delhi vide order dated

16.04.2017. The present petition is disposed of accordingly.

BRIJESH SETHI, J JANUARY 13, 2020.