DG CUM IG PRISONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Additional Director General-cum-I .G. Prisons) by communication dated 26/05/2001 brought to the notice of this court some of the grievances of the prisoners lodged in Central Jail Tihar and stating that many of them do not get information about the filing number of their appeals/petitions from the Registry of this court despite repeated reminders. It is alleged that Praful kumar S/O Lalji Bhai sent his appeal in the case FIR No.121/96 under Section 302 Indian Penal Code and Section 25 Arms Act P.S. Shakar Pur against judgment and order dated 21/03/1998 passd by the court of ADDl.Sessions Judge, Delhi through Super intendent, Central Jail, Tihar on 23/09/1998 but he could not get information about the result of same despite reminders. He has prayed for suitable directions. Taking into consideration the nature of issues raised, the communication was ordered to be registered as Writ Petition for redressal of the grievances of prisoners lodged in Tihar Jail. Notice was issued to Registrar General of this Court and the State.

(2.) In the reply filed by the Deputy Registrar on behalf of Registrar General, Delhi High Court, it is Stated that jail authorities send/forward the jail petitions/appeals by post to the High Court and a few petitions may be getting misplaced in the transit. Suggestions' have also been given for streamlining the handing of jail petitions in future.

(3.) We have heard learned counsel for the parties. and have gone through the record. Section 382 of the Code of Criminal Procedure, 1973 provides that every potition appeal hall be in writing and in the form of a petition presented by the appellant or his pleader. These are required to be accompanied by the copy of the judgement and the order under appeal, unless it is directed Otherwise. Section 383 of the Code provides that if the appellant is in jail he may present his Pentition/or appeal and copier of documents accompanying the same through the officer in- charge of jail who is required thereupon to forward them to the proper court. Thus responsibility to forward such petitions/appeals alogwith the documents to the concerned court rests with the officer in-charge of the jail. There appears to be some communication gap between the officials responsible to forward the jail petitions/appeals and the officials in the Registry who are required to process such petition's 'and put Up before the court for consideration. In order to obviate the difficulties projected before us, we hereby direct that the following procedure be followed in respect'of jail petitions: