402 4 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4 7 CivilWrit Petition N5806 of 2008 Dateof decision 1 November 2009 HemantGoswami Petitioner Versus 1 Stateof Haryana and others r 0 CORAM HONBLE MR JUSTICE TS THAKUR C3 HONBLE MR JUSTICE KANWALJIT SINGH AHLUWALIA I C5 Present Mi AP ShergillAdvocate for the petitioner Mr Anil Rathee AdditionalAdvocateGeneraI Haryana for Nol to 3 Z Mr RajdeepSinghCheema Advocate m2 for respondentNoA C Ms Madhu DayalAdditionalAdvocateGeneral Punjab 4 for of Punjab I C6 KANWALJIT SINGHAHLUWALIA J C0 Thiswrit petition has broughtintofocus prevailing systemof Z sendingrelease warrantsbythe Courtsto thejailauthoritiesin respectof Qm prisonersWe have been called upon to examine whether the systemin existence is adequateand emcacious or some amendment of the Rules in force is required To answer the above said issue duringthe course of hearingof this writ petitionon vanous dates we called upon all concerned which included the Director General of Prisons Punjab HaryanallT and even the ListingCommittee of this Court on administrative side to make suggestionsfor ensuringimmediate deliveryof release warrantsto the of jailsconcerned so that the benefit of release on bail or acquittalto the prisonersis not Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 403 Civil WritPetitionNo 5806of2008 deniedfor Iack of effective means of communicationAn eHonwas by all the involved to evolve an effectivemechanism for immediate deliveryof release warrantspassedbythe competentcourts We intend to disposeof this writ petitionbytakingintoconsiderationthe advanced various facets of the problemand and doubts expressed over the advancecl Before we do so it will be 1 necessary to advertto the facts of the case and givedetails of various stepsundertaken in consequenceof filingof the writ petitionand the 0 0 which originated therefrom I This writ petition was filed in publicinterest by C5 I Hemant Goswami who claimshimself to be a social activistAccording to the petitionerone Hawa SinghRathi olereinafter referred to as the Z 4 accusedlto whom the petitioner perceivesto be a social worker was r engagedin the affairs of the was a panicipant I of NGO and was arrested in case FIR No 31 dated 1922008 Oll registeredat Police Station Chandimandirunder Sections4201406IPC 7 lNe need not examine the avermentsmade in thewrit petitionthat Hawa Z SinghRathi was falsely as this is not a fact in issue and is Qm subjectmatterof the trial Sumceit to say thatthe accused was arrested on March 30 2008 and was producedon that day in the Court of MsAnshu Shukla AdditionalChief JudiciaIMagistratePanchkula who remanded the accused to judicialcustodyThe application for grantof bail to the accused was institutedon the same dayand a notice was issued for April2 2008 The bail application was arguedand the orders granting bail were on 3 April2008 In compliancewith the order necessary bail and suretybonds were furnished The petitioner haS averred that the Court had passed the release order and in pursuance thereofrelease warrant was preparedon the same day 1 Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 1 404 Civil WritPetitionNo 5806of2009 3 April2008at 00 m The grievance made in thiswritpetition is that theaccused was released from thejailonlyon 7 April2008and for five daysie April3 4 5 6 and 7 2008 detention of theaccused in jailwas not warrantedThe cause of delayin releasing the accused is stated to be of the releasewarrants from PanchkulaCourt to the CentralJail Ambala The reasons for delayaccordingto the petitioner are malafide intention on the partof those influential persons who had 1 0 got the accused arrested and prevailingcorruptionin the 0 systen The petitionerallegesthat no paper moves forward until the 0 palmsof those who deal with it are greasedIn the writ petitiondirections 0 have been soughtto ensure of the system grant I to the familyof theaccused and to hold an inquiryintothe Z circumstances due to whichthe accusedremained detained for the time 2 more than requiredand to initiate under Section 166 of the I IPC againstthe erringomcials 08 Raj Kumar HPS4 Chief Probation Omcer submitted his on behalf of No l to 3 He stated therein 7 Z that the accused was admittedin Central Jail Ambala on 31 March Om 2008The release warrants dated 3 April 2008 were received in the office of Central Jail Ambala by post Under Postal Certificate on 7 April2008 8nd on receiptof the release warrants the accused was released from thejail District Panchkulais not havingits own jai therefore the undertrialsin cases pendingat Panchkula or those convicted at Panchkula are confined in Central Jail Ambala The Director General of Prisons Haryanahad ordered an inquiry and deputedJasvinder SinghGill Assistant District Attorneyto hold the inquiryThe inquiryreporthas been placedon record alongwith Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 405 Civil WritPctitionNo 5806of2009 4 thecounter affidavitThe Inquiry Ofocerrecorded statementof Sukhchain Civil Nazir at DistrictCourt Panchkula He stated that on 3 April 2008 at 420 pm release warrants were receivedby him and on 4 April2008 he went to the postoffice of Gurukul Panchkula and had posted the release warrants Under Postal Certificate The Civil Nazir has also disclosedto the Inquiry Officer the rocedure prevailingregarding 1 sendingof release warrants to jailauthorities case the parokarsof the detenue are desirous of immediaterelease then an application is filed in 0 0 the Court statingtherein that theyare readyand willingto bear the I expensesof specialmessenger and release warrants be sent to jail C5 I authoritiesthroughspecialmessengerThe Inquiry Omcer submittedthat on Ih April 2008 release warrants were postedat Panchkula They Z reachedAmbala jailon 5 April2008 In the Post Office Ambala there r 1 is a postboxlwindow in the name of CentralJail Ambala 5 April 2008 I was The followingday ie 6 April2008 beingSundayon 7 08 April 2008 jailofficials collectedthe release warrants from the postbox and the accusedwas released 7 Z Dr John V GeorgeIPS Director General of Prisons 11 Haryanafiled a short affidavit In the affidavit So filed it has been submittedthatin the cases whereaccused are broughtin custodybythe policefrom jails the orders of release and release warrants of the accusedbrought from thejailsare handed ver to the policeomcialswho 1 had broughtthe accused from the jail On their return journeypolice escort officials hand over the release warrants to jail authoritiesand the accused is released Wherethe accused is not brought from the jailand IS ordered to be released on bail or otherwise the release warrants are handed over to the Court staff Oiadalfor onward transmission to jail authorities In case this procedureis not followed the release warrants Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 406 CivilWritPetitionNo 5806of2008 are sent post The DirectorGeneral of Prisons Haryanagave two al It would be desirable that the Judicial who issue release warrants on case to case basis to seek the compliancereportfrom the subordinate staff such as AhlmadNajarS otherconcemed to the eHect as to whetherthe release warrantsissued byhim have since beendeiiveredto the Jail Authoritiesconcernedon the same 1 r date bl That the systemof deliveryof release warrants 0 C3 through postbe dispensedwith and release warrants to be I either sent througha process server or throughCourier 0 Servicen the absence secureddigitalsignature and other I safetylcybersecuritysystemsit would not be to introducereleaseorders delivetythroughEvlail The same Z IS true about facsimiletransmissiooalso7e SpeedPost Serviceof the Postal may be used wherever it is r available ll 08 On 17 December 2008 a Committeeconslsting of various IC officialsof State of Haryanaheld its meetingIt took into consideration el Z Rule 40f Part B of Chapter20 Volume lll of Punjaband HaryanaHigh CourtRules and Orders RuIe4 reads as under RULEe4 Warrants for reiease or remission of sentence e Warrants for the release or remission of sentence of pnsonersconfined in jaii warrants for the release of prisoners on bail and intimationsof paymentof fine sent to jail authorities should alwaysbe drawn up in Urdu or in Englishand should be signedin full by such officer and sealed withthe seal of his Coutt On receiptof warrant for the release of a prisonerit should be forwarded withoutdelaybyregistered cover to the jailin which theprisoneris confined if it is necessary to send it throughthe agency of thepost Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 407 Civil WritPetitionNo 5806of2008 The Committeealso noticedsection442 l I of the Code of CriminalProcedure The same readsas underl Section 44211 Dischargefrom Custodyl As soon as the bondhas been executed theperson for whose it has been executedshall be released7d whenhe is in jail the Courtadmitting him to bail shall issue an order or release to the officerin chargeof thejail and 1 such officeron receiptof theorders shall release him Il r 0 The Committeealso took into considerationthe instructions C dated 28 July 1990 issued by the HighCourt under the directions of I C5 Honble the Chief Justice The Ietter has been attached with the additional affidavitof Director Generalof Prisons Haryana as Annexure Z Rnel Itwill be appositehereto reproducethe relevantportionof the Ietterl 5 7 am directedbythe Honb1e ChiefJusticeand Judges refer you on the above subjectand to say that all released I warrantsissued byvarious Courtsat the SuIvisional Head a5 QuaItersregarding the dayshould be entrusted to an oHicial oo of the Court and should setve the same on the jail 7 authorities the same day Necessanjexpenses of his travel Z can be conveyedbya reasonable fee which can be paidby 0m thepetitioner On the facts of the case the Committeenoticed that an applicationwas filed on 3 April 2008 itself by the parokarsof the accused that a specialmessengerbe deputedfor takingthe release warrants to jail authoritiesat Ambala but no fee was deposited therefore the Nazir reportedthat expensesof specialmessenger have not been paidbythe applicanttherefore he be allowed to send release warrants throughpostUnder PostaI Certificate1 permissiongrantedto this effect release warrants were sent on 4 April 2008 by postUnder Postal Certificate The Committee recommended that the instructions Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 408 Civil WritPetitionNo 5806of2008 dated 28 July 1990 Annexure R11 the relevant portionof which has been above either be modified or exempted in deserving cases In the circumstancesnotedabove the entirefocus shifted on the communicationdated28 JulYi1990 sent by this Court whereinit was stated that the release warrants issued by the Coun of Sube 1 Divisional can be served through a specialmessenger in Q case necessary expenses of the specialmessengerare paidbyway of 0 1 0 reasonable fee by the detenue Meanwhile the IistingCommittee I consisting of threejudgeson theadministrativeside reviewedthe matter C5 I regarding issuance of releasewarrants by postlspecial messenger on 4 paymentof TAIDA and recommended amendment in Rule 4 Pan B of Z r Chapter20 Volume lll of the Punjaband HaryanaHigh Court Rules C and OrdersThe proposed amendmentreads as underl I On receiptof warrant for release of a prisoner it 08 should be forwardedthrougheemailunder digitalsignatures providedthat till such time such facilityis made m availablein all the Jailslsubjails the release warrants be Z sent throughFax as well as throughregistered post The Financial Commissionerand PrincipalSecretaryof Government of HaryanaJails had conveyedto the Registrarof this Court that in the State of Haryanaall district jailsare Iocated within 8 kilometersfrom the courts exceptin case of Sub DivisionalCourts and new District Courts at Panchkula Fatehabadand NuIeThe specialmessenger Oiadalwho is a CIasseIVemployeeof the HaryanaGovernment is entitled to draw TAIDA from the Government only if he undertakesa journeyrnore than 8 kilometersin the course of his duty Nominal fee prescribedand chargedfor servingthe reiease Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 409 e CivilWritPetitionNo 5806of200R warrants throughspecialmessenger Oiadalis Rs1001 He further stated that in the monthof January2009 only564 releasewarrants were received in variousjailsin the State of Haryanalt was further submittedthat State of Haryanais 2 MB dedicatedIine and video systembetween the courts and jails as partof State Wide Area Network The video system 1 accordingto the Jails will become within three months 0 C We have heard counsel for the partie Duringcourse of I argumentsbyreferenceto the pleadingsit has emergedthat the release C5 3 warrantsare sent to the authoritiesthroughfollowing modesl t al In case the prisonercomesto theCourt and is ordered to be Z r released the releasewarrants alongwith the prisoner are r taken bythe policeescort to the jailand afterveriOcationthat C I he is not involved in anyother case the prisoneris released a5 bythe jailauthorities c 3 bl On grantof bail or acquittalin case the prisoneris in jaii the Z release warrants can be communicatedto the jailauthorities throughspecialmessengerand a fee of Rs1 001 is to be depositeclOn depositof the fee specialmessengertakes the release warrants to the jailand the prisoneris released on the same day cl In case both the above mentioned modes are not followed the release warrants are sent to jailauthoritiesthroughpost Under Postal Certificate To overcome the delay Itl sendingthe release warrants throughPost Governmenthas suggestedthat theyare irl the process of Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 1 J 410 Civil WritPetitionNo 5806of2008 video systembetween the courts and the authoritiesThe committeeof the HighCourt on administrativeside has suggested amendment of the rule and introduction of sendingirelease warrantsthroughemail under digitalsignatures and wherethisfacilityIS not available to sendthe same through FAX or through post Counsel for the State has expressed that a 1 number of cybercrimes are beingreportedand hackingof the system and misusebysomebody to send the release vvarrantsthrough eemail 0 C3 cannot be overrulecl This accordingto the counsel for the State will compromise the securityand can create Iaw and order problemIn the C5 cases of terrorist crime or where peopleof mafia are involved misuse of the systemsuggestedbyway of amendment bythe Committeeof High Z Court cannot be overruled This according to the counsel for the State 0 will have wide ramifications and at thisstagefalloutof the consequences I cannot be a5 After hearingali the concerned we are of the view th8t the W0 prevailingsystemis working and withoutmuch Z 10 problemA strayincident is not sufficientto conclude that the entire systemrequiresoverhaul or is to be changeddrasticallyThe example which the petitioner has projectedis one out of thousandsof release warrants which are beingsent to jall authorities However this Court intends to grantdue sanctityto the amendmentsuggestedby the Iisting committee of this Court on administrativeside and jail authorities regardingvideo Therefore sendingof release warrants throughenail under the digitalsignatures or informationthroughvideo may be accepted as an alternativemode for confirmationof the release warrants sent throughprevailingmodesTakingthe facts of the presentcase Since requisitechargeswere not depositedfor the Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 1 411 e CivilWritPetilionNo 5806of2008 1 releaseof the accused no directionsas prayedbythe can issued Presentwrit petition is disposedof in accordancewiththe observations madeabove but withoutany orderas to the costs 51 04 Sa IKANWALJIT S AHLUWALIAj 1 CHIEFJUSTICE JlPGE r November 12 2009 0 rps 0 I C ct Z 5r 08 er Wm3 Z Ll r v4711 ciV 1 l510 Suresh Kumar 2014.01.14 15: 40 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document