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COURT ON ITS OWN MOTION V/S STATE OF PUNJAB ETC

Present:- Court on its own motion. Ms. Tanu Bedi, Advocate as Amicus Curiae and Mr. Abhimanyu Jairath, Advocate. Mr. Arun Gosain, Senior Govt. Counsel for the respondent/UOI. Mr. A.D.S. Sukhija, Addl. AG, Punjab and Mr. Harmandeep Singh Sullar, Senior DAG, Punjab. Mr. Arun Pal Singh, ADGP (Prisons), Punjab (through video conferencing). Mr. Rahul Dev Singh, Addl. A.G., Haryana Mr. Ashish Yadav, Addl. AG, Haryana. Mr. Munish Bansal, Public Prosecutor, UT, Chandigarh and Mr. Rajiv Vij, Additional Public Prosecutor for UT, Chandigarh. Mr. Gourave Bhayyia Gilhotra, Advocate and Mr. Hitesh Verma, Advocate for the applicant in CM-85-CWPIL-2023. *** Learned counsel for State of Punjab has filed an affidavit of Deputy Inspector General of Prisons, Punjab, Chandigarh, which is taken on record. CWP-PIL-93-2023 (O&M) and other connected cases -2- Learned counsel for U.T. Chandigarh has also filed reply by way of an affidavit of Superintendent, Model Jail, Chandigarh, which is taken on record. Learned Amicus Curiae submits that she has learnt that there have been several instances where extortion/threatening calls have been made by or on behalf of the inmates of the jail as one such matter pertaining to the State of Punjab was brought to the notice of the Single Bench of this Court. Learned counsel for State of Punjab submits that an instance was indeed brought to the notice of the Single Bench wherein witness had stated that he had received a threatening call on behalf of one of the accused but he was on bail. Heard. It would indeed be a matter of grave concern if the inmates whether undertrials or convicts are making extortion or threatening calls from within the precincts of the jail. Learned counsel for the State of Punjab has apprised us about the steps being taken to augment the jail security including the installation of jammers, X-ray machines etc. but that process would take sometime. It would not be difficult for the authorities to sanitize the areas which house the high security inmates or those involved in henious crime including extortion. Such Prisoners are stated to have been put up in a separate high security zones. It is the need of the hour that the high security zones should be immediately sanitized to ensure that there are no extortion/threatening calls by the inmates. ::: Downloaded on – 22-03-2024 16:11:40 ::: CWP-PIL-93-2023 (O&M) and 4 other connected cases -3- ——- Learned counsel for State of Punjab prays for time to apprise the Court about the details of the extortion/threatening calls, if any, reported and the action taken in that regard. The States of Punjab, Haryana and U.T. Chandigarh shall also furnish the jail wise data with regard to the recovery and seizure of mobile phone from the jails during the last 03 months. List on 15.04.2024. A photocopy of this order be placed on the files of connected cases. (ANUPINDER SINGH GREWAL) JUDGE (KIRTI SINGH) JUDGE March 21, 2024 A.Kaundal ::: Downloaded on – 22-03-2024 16:11:40 ::

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