Crl.M.C.No.494/2010 Page 1 of 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl. M.C. No. 494/2010 % Date of Decision: 18th February, 2010 # GULAM MUSTAFA QURESHI ..... Petitioner ! Through: Mr. Sumeet Verma, Adv. versus $ STATE (N.C.T.) OF DELHI .....Respondent ^ Through: Mr. Jaideep Malik, APP * CORAM: HON'BLE MR. JUSTICE V.K. JAIN 1. Whether the Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether the judgment should be No reported in the Digest? : V.K. JAIN, J. (ORAL) 1. This is a petition under Section 482 Cr. P.C. for grant of permission to the petitioner to make a telephone call to Pakistan on phone numbers 0092685576576 or 00923006725343. 2. The petitioner is a Pakistani National, who is facing trial under Official Secret Act. According to him, he received a Crl.M.C.No.494/2010 Page 2 of 6 message from his home town informing that his mother was sick and had a heart attack. He also came to know that his wife had expired and there is nobody to look after his ailing mother. The request of the petitioner for making a telephone call to his mother in Pakistan was rejected by the Trial Court vide order dated 26.11.2009. 3. The learned counsel for the petitioner has referred to the decision of this Court in Crl. M.C. 728/2009 decided on 06.04.2009 whereby this Court permitted the petitioner to make a telephone call to his mother, who at that time was also stated to be sick and having suffered a heart attack, with the directions that the Jail Superintendent shall record the phone number, names of the relative who answers the phone and time of the call in the concerned register. It was further directed that every time the inmate of the jail seeks permission to make a telephone call, such request should first be made to the Jail Superintendent who will pass a speaking order if such request is refused and communicate such decision to the prisoner. 4. It was further directed by this Court that whenever a request is made to the Jail Superintendent for permission to Crl.M.C.No.494/2010 Page 3 of 6 make a call to the country of his region he will enter the details of the called number, the duration etc. and a speaker phone which a caller ID can be installed to ensure that the person called is the same in respect of whom the request is made by the prisoner. 5. In the above referred order, this Court relied upon the provisions of clause 41 of Delhi Prisons (Prisoners’ Welfare Fund, Appeals, Petitions, Interview and Communication) Rules 1988 (Rules’) which provides that “unconvicted criminal and civil prisoners shall be granted facilities for writing two letters and having two interviews each week with their relatives or friends. 6. In the present case, there is no averment in the petition that the petitioner had, at any point of time, applied to the Jail Superintendent seeking permission to make a telephone call to his mother in Pakistan. A perusal of the order of the trial Court dated 26.11.2009 indicates that the petitioner contended before the Trial Court that his application to make a telephone call was declined vide order dated 25.08.2009. No copy of the order dated 25.08.2009 has, however, been placed on record by the petitioner. As noted earlier, in terms Crl.M.C.No.494/2010 Page 4 of 6 of the decision of this Court in Crl. M.C. No. 728/2009 dated 06.04.2009, the Jail Superintendent is required to pass a speaking order if the request of an under trial prisoner to make a telephone call to a relative is refused and he is also required to communicate that decision to the prisoner. 7. In the present case, not only the petitioner has failed to make an averment in the petition regarding seeking permission of the Jail Superintendent to make a telephone call to his mother in Pakastan, no copy of the order alleged to have been passed by the Jail Superintendent on 25.08.2009 has been filed by him. As noted earlier, the Jail Superintendent is required to communicate his decision to the prisoner. Hence, if any order was passed by the Jail Superintendent on 25.08.2009, as claimed before the trial Court, the order would have been communicated to him in terms of the order dated 06.04.2009 and there would be no difficulty in the petitioner filing the copy of that order with the petition. Unless the copy of the order is placed before the Court, it is not possible for this Court to examine the reasons if any act of jail Superintendent for refusing the request of the under Trial prisoners for making a telephone call to his native Crl.M.C.No.494/2010 Page 5 of 6 place and take a view on the reasons given by him. 8. It would also be pertinent to note here, that the petitioner has not placed on record any documents such as a letter to show that his mother is sick and his wife had died as claimed by him. The petitioner has vaguely stated that he received message regarding the sickness of his mother and with regard to the heart attack suffered by her. He, however, has not stated as to who had delivered the message to him, when and in what manner. I also notice that the ground taken by the petitioner for seeking permission to make a telephone call to his mother in Crl. M.C. 728/2009 was that his mother was seriously will and having suffered a heart attack. Same is the ground given by him in paragraph 4 of the present petition seeking permission to make a telephone call. 9. For the reasons given above the petition hereby dismissed. It will, however, be open to the petitioner to apply afresh to the Jail Superintendent for permission to make a telephone call to his mother in Pakistan. If the request is made, it shall be duly considered by the Jail Superintendent and if he decides to decline the request he will pass a Crl.M.C.No.494/2010 Page 6 of 6 speaking order in this regard in terms of the decision of this Court dated 06.04.2009 in Crl. M.C. No. 728/2009 and the order passed by him will be promptly communicated to the petitioner. 10. The petition stands disposed of with the aforesaid directions. One copy of this order be sent to the petitioner, through Jail Superintendent. (V.K.JAIN) JUDGE FEBRFUARY 18, 2010 Ak