10/07/2023, 16:13 Kundan Singh vs State (Govtof Nct Of Delhi on 18 February, 2022

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Section 404 in The Indian Penal Code
Section 201 in The Indian Penal Code
Section 302 in The Indian Penal Code

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Delhi High Court - Orders

Kundan Singh vs State (Govtof Nct Of Delhi on 18 February, 2022

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1849/2021
KUNDAN SING
..... Petitioner
Through Mr. Aksha
Bhandari, Advocate

versus

STATE (GOVTOF NCT OF DELHI ....

Respondent
Through Ms. Nandita Rao, ASC for th
State
and SI Abhishek Sachdeva, P.S.
Mehrauli
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER

% 18.02.2022 HEARD THROUGH VIDEO CONFERENCING

1. Vide the instant petition, the Petitioner seeks to challenge the Order dated 19.09.2019 passed by the
Jail Superintendent holding the Petitioner guilty of prison offence under Rule 1269 of the Delhi Prison
Rules, 2018.

2. Facts, in brief, leading to the present petition are as under:

a) The Petitioner has been convicted for offences punishable under Sections 302/201/404
IPC in relation to FIR No.592/2007 registered at Police Station Mehrauli, Delhi. Vide order
dated 21.01.2014 the Petitioner has been sentenced to undergo rigorous imprisonment for
life. The Petitioner is lodged in Central Jail No.10, Rohini.

b) It is stated that on 07.09.2019 the Petitioner was brought to the Jail Dispensary in a semi-conscious
state and was immediately referred to Dr. Baba Sahab Ambedkar Hospital for further Signature Not
Verified Digitally Signed By:RAHUL SINGH Signing Date:21.02.2022 18:49 treatment. The
Petitioner had an alleged history of ingestion of unknown substance because he which was kept on

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10/07/2023, 16:13 Kundan Singh vs State (Govtof Nct Of Delhi on 18 February, 2022

ventilator & later shifted to ICU for mechanical ventilator for further management and discharged after
recovery.

c) It is stated that on 19.09.2019 the Petitioner has been punished for ingestion of unknown substance.
Order dated 19.09.2019 reads as under:

" It has been reported by the Senior Medical Officer vide letter no. MO CCJ- 10/2019/2258
dated 19.09.2019 that convict Kundan S/o Jagat Singh was brought to dispensary in semi-
conscious state on 07.09.2019, after giving the primary treatment patient/convict was
referred immediately to Dr. BSA hospital, accompanied by the medical Officer on duty.

The convict was alleged H/O ingestion unknown substances at Dr. BSA hospital by the
medical officer and as per the report, the convict was kept on ventilator & shifted to ICU
for mechanical ventilator and further management. The copy of discharge summary is
enclosed.

The above act on the part of convict is a gross violation of discipline conduct & un-lawful
behaviour preformed by the convict. The act of prisoner constitutes prisons offence under
rule -1269 of Delhi Prison Rule 2018.

(i) Sub Rule -V breaking law and order and prison discipline.

(ii) Sub rule - XVI by possessing, hiding, smuggling, attempting to smuggle, obtaining,
Giving or receiving and bartering contraband or prohibited articles,

(iii) Sub rule - XLV by concealing any prohibited article.

Therefore, the above named convict may be punished as per rule -1271 of Delhi Prison
Rule-2018."

Signature Not Verified Digitally Signed By:RAHUL SINGH Signing Date:21.02.2022 18:49

d) On the said punishment ticket the Petitioner has been punished by the Order dated 19.09.2019. The
same reads as under:

"Heard, and found that the act of convict Kundan is a gross misconduct and violation of
discipline in compliance of sub rule V, XVI & XLV of Rule 1269 of DPR 2018. The minor
punishment is loss of privileges i.e. Canteen & Mulakat facility given to prisoners in
detention be stopped for a period of one month as per rule 1271 of the DPR- 2018 subject
to the approval of Ld. District and Sessions Judge, Tis Hazari Courts, Delhi."

e) It is this Order which has been assailed in the instant writ petition

3. Notice was issued on 24.09.2021. Status Report has been filed.

4. Mr. Akshay Bhandari, learned counsel for the Petitioner, states that unlike what has been stated in
the impugned order - that the Petitioner has to be punished with only a minor punishment, the
punishment of stoppage of canteen facility for a period of one month is a major punishment. He draws
the attention of this Court to Rule 1271 (b) (ii) of the Delhi Prison Rules, 2018. The learned counsel for
the Petitioner further states that the procedure for awarding major punishment has been mentioned in
Rule 1272 of the Delhi Prison Rules, 2018 which provides that for awarding major punishments the
prisoner should be given notice in writing, calling him to show cause with reference to the alleged
violation of the Jail rules. The order of punishment should also be communicated to the concerned
prisoner. The learned counsel for the Petitioner states that the Petitioner has not been given a notice in
writing calling him to show cause as to why major punishment should not be imposed on him.

Signature Not Verified Digitally Signed By:RAHUL SINGH Signing Date:21.02.2022 18:49

5. Per contra, Ms. Nandita Rao, learned ASC for the State, submits that the Petitioner has only been
given a minor punishment. She further states that the punishment ticket shows that the Petitioner has

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10/07/2023, 16:13 Kundan Singh vs State (Govtof Nct Of Delhi on 18 February, 2022

violated Rule 1269 sub-rule V (breaking law and order and prison discipline), sub-rule XVI (by
possessing, hiding, smuggling, attempting to smuggle, obtaining, Giving or receiving and bartering
contraband or prohibited articles) & sub-rule XLV (by concealing any prohibited article) of the Delhi
Prison Rules, 2018, inasmuch as he had probably ingested some kind of contraband substance because
of which he had to be admitted to the Hospital.

6. Heard Mr. Akshay Bhandari, learned counsel appearing for the Petitioner, Ms. Nandita Rao, learned
ASC for the State, and perused the material on record.

7. A perusal of the punishment imposed on the Petitioner shows that the canteen facility of the
Petitioner has been stopped for a period of one month. Rule 1271 (b) (ii) of the Delhi Prison Rules,
2018, provides that stoppage of canteen facilities for a period of one month is a major punishment. The
learned counsel for the Petitioner is, therefore, correct in stating that the Petitioner has been awarded a
major punishment.

8. The Status Report filed by the State does not indicate that a show- cause notice, in writing, was
given to the Petitioner. Paragraph 6 of the Status Report dated 02.12.2021 reads as under:

"6. That, it is pertinent to mention here that as per jail rules the food is distributed
uniformly and commonly to prisoners at their lodging place irrespective of the season
either rainy or winter. Nobody is given food individually from lungar/kitchen. Further, on
07.09.2019, only the petitioner/convict was found in semi-conscious condition and referred
to outside Signature Not Verified Digitally Signed By:RAHUL SINGH Signing
Date:21.02.2022 18:49 Hospital for further treatment and management. Hence, it is falsely
submitted by the petitioner that another inmate Honey Sharma s/o Anil Sharma had brought
food for the him and another inmate namely Salman and after consuming the said food they
fell unwell. Accordingly, on the receipt of said report punishment ticket dated 19.09.2019
was raised against petitioner/convict for gross violation of discipline conduct & un-lawful
behaviour and no punishment was raised against prisoner Salman or Honey Sharma."

9. It has not been stated in the Status Report that the Petitioner had ingested any kind of contraband
substance which resulted in the deterioration of his health condition for which he has to be
hospitalized. This Court at the moment is not commenting on the merits of the case and is only
confining itself to the short issue that since Rule 1271 (b) (ii) of the Delhi Prison Rules, 2018 provides
that stoppage of canteen facility for a period one month is a major punishment and the procedure
prescribed under Rule 1272 of the Delhi Prison Rules, 2018 has not been followed by the jail
authorities inasmuch as he has not been given a notice in writing. It is well settled that reasons are the
links between the thought process of the authority and the decision which has been rendered. Since
major punishment has been awarded to the Petitioner and there are no reasons given in the order as to
how and in what manner Rule 1269 of the Delhi Prison Rules, 2018 has been violated, this Court is
inclined to set aside the order dated 19.09.2019. It is, however, open to the State to give a proper show-
cause notice in writing with reference to the alleged violation of the Jail rules and proceed ahead in
accordance with law.

10. With these observations the writ petition is disposed of along with the Signature Not Verified
Digitally Signed By:RAHUL SINGH Signing Date:21.02.2022 18:49 pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 18, 2022 Rahul Signature Not Verified Digitally Signed
By:RAHUL SINGH Signing Date:21.02.2022 18:49

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