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Court said that the casual manner of searches which had been held inside the Correctional Home was very painful. "Not only breaches the prisoner’s discipline but is a threat to security as well," Court said.
The Calcutta High Court recently directed the Inspector General of Police, Director General and the Principal Secretary of Correctional Homes to ensure a thorough searches in the jails in the State of West Bengal.
The division bench of Justice Joymala Bagchi and Justice Ajay Kumar Gupta observed:
“The mobile phone and other electronic devices permitting access to inmates to the outside from the jail is endemic, under trial accused uses phone to maintain contact with outside world and commit offences from the Jail”.
The court was hearing a bail application of an accused under NDPS Act, but considering the fact that he was in regular contact with other co-accused through mobile phone, the court rejected the bail application.
It was further revealed that searches were made in 50 cells and 26 wards of concerned Correctional Home on January 18 and January 24, 2023, but no electronic devices were found. According to the court, Call Detail Records (CDRs) demonstrated that the petitioner had made calls from the Correctional Home prior to the searches which means he was in possession of mobile phone at the time when searches were held.
Searches held inside the Correctional Home appear to have been done in a very casual manner, It is painful to note that the head of the department i.e. Inspector General of Police (Correctional Services), West Bengal appears to take the most lenient view in the matter, said the court.
The court expressed displeasure with regard to the casual approach taken by IGP, West Bengal in the matter of search and recovery of prohibited items from the inmates and hence directed the appropriate authorities to conduct disciplinary proceedings against the officers and Correctional Home department under whose supervision the aforesaid searches had been done.
The court also directed the Inspector General of Police, Director General and the Principal Secretary of Correctional Homes to look after the feasibility of setting up jammers and X-ray or scanner machines inside the Correctional Homes if possible.
Court also found that one Saharul Molla @ Saharul Mondal who was on bail by the order dated 21th December 2022 had, while being in correctional home, used mobile phone to interact with co-accused and thus issued a notice to show cause as to why his bail should not be cancelled.
The court rejected the petitioner’s prayer for bail and directed authorities to present a report regarding the directions before the court on 13.03.2023.
Case Title: Sukur Mondal @ Sukur Ali Mondal vs. The State of West Bengal
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