IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-29101 of 2009 Date of Decision: January 08, 2010 A.P. Selvam .....PETITIONER(S) VERSUS State of Haryana & Another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - None for the petitioner. Mr. Tarun Aggarwal, Senior Deputy Advocate General, Haryana, for the respondents. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 482 Cr.P.C. praying for directions to the respondents to allow the petitioner to make telephone call from the jail premises to his mother who is 72 years of age and lives in native village in Andeman Nikobar (U.T.), at his own cost, twice a month so as to know her welfare. It transpires that the petitioner is a convict for commission of offence under Section 302 IPC and is lodged in Central Jail, Ambala to serve his sentence. Appeal against the conviction is pending. The petitioner was serving the Army and was posted in Ambala Cantt. So far as the prayer is concerned, it has been pleaded Crl. Misc. No. M-29101 of 2009 [2] in Para 4 of the petition that mother of the petitioner is 72 years of age and lives in native village in Andeman Nikobar (U.T.). The petitioner is not being given liberty to talk to his mother so as to enquire about her health. Learned counsel for the respondent-State contends that there is no specific provision in the Jail Manual to allow such a facility to the petitioner. I have considered the issue. Adopting a purely humanitarian approach, the petition deserves to be allowed. The petitioner is likely to be in jail for a long period, considering the nature of offence. The mother of the petitioner is living in Andeman Nikobar Island and is of 72 years of age. In view of the distance between the place of residence of the mother of the petitioner and Ambala, none from the family can visit the petitioner frequently. It would be highly inhuman not to allow the petitioner the facility to talk to his mother. Considering the equitable and humanitarian aspect, the petition is allowed. The respondents are directed to allow the petitioner to make two telephone calls in a month to talk to his mother in Andeman & Nikobar, at the cost of the petitioner. (AJAI LAMBA) January 08, 2010 JUDGE avin