HC slams police for mobiles, charging points in Colvale jail
Panaji: The Bombay high court directed the Colvale jail authorities to install robust phone jammers or cellular inspection systems and install CCTV cameras at inspection counters during entry of inmates if not already installed and physical search of inmates entering jail premises to be conducted under CCTV surveillance.
The court directed removal of charging points and inquiry into how the charging points found its existence inside the jail premises to fix accountability. “Inquiry report to be sent to this court by the next date of hearing,” the court said.
“This court fails to understand as to how the mobile phones can be so easily slipped in, when the jail authorities do conduct regular inspections. Is it that the inspection is superficial and just an eye wash or that a deliberate slack inspection is done at the entry point so that the mobile phones find their way inside the jail premises seamlessly? Some accountability has to be fixed. The jail authorities cannot be permitted to be oblivious to such incidents happening at regular intervals” the court said.
It also directed recording of personal physical inspection of persons who come to meet jail inmates.
“The recordings of the daily CCTV footage should be preserved in the pen-drive and should be submitted to the deputy superintendent of police who shall keep it in the safe custody,” the court stated, adding that jail authorities can devise other additional measures to deal with the issue.
“This court is constrained to take cognisance of these aspects in a bail application when it was brought to notice, as the court cannot be turning a Nelson’s eye to the life and liberty of the victim/complainant, while considering the life and liberty of the accused,” the court said.
The high court passed the directions after a complainant told the Goa children’s court that the murder accused is telephoning the complainant from Colvale jail causing mental disturbance and provided mobile numbers and specific timings of the calls which were made, requesting action.
The children’s court then issued a letter to the jailor to take action as per Prison Rules and submit a report following which the dy superintendent of police, Colvale jail said that immediate search was conducted and mobile phone found in the accused's possession and confiscated. A show cause notice was issued to the accused and privileges curtailed as a preventive and disciplinary measure the DySP said.
The high court however observed that this is “not enough”.
“Some swift, comprehensive remedial and stringent measures are required to be taken by the jail authorities to ensure that such incidents do not occur in future,” said Justice Shreeram Shirsat.
The court on several occasions has come across similar incidents where apart from drugs, mobile phones are smuggled inside jail premises but observed that no concrete steps have been taken to prevent this the court said.
“This court fails to understand as to how the mobile phones can be so easily slipped in, when the jail authorities do conduct regular inspections. Is it that the inspection is superficial and just an eye wash or that a deliberate slack inspection is done at the entry point so that the mobile phones find their way inside the jail premises seamlessly? Some accountability has to be fixed. The jail authorities cannot be permitted to be oblivious to such incidents happening at regular intervals” the court said.
It also directed recording of personal physical inspection of persons who come to meet jail inmates.
“The recordings of the daily CCTV footage should be preserved in the pen-drive and should be submitted to the deputy superintendent of police who shall keep it in the safe custody,” the court stated, adding that jail authorities can devise other additional measures to deal with the issue.
“This court is constrained to take cognisance of these aspects in a bail application when it was brought to notice, as the court cannot be turning a Nelson’s eye to the life and liberty of the victim/complainant, while considering the life and liberty of the accused,” the court said.
The high court passed the directions after a complainant told the Goa children’s court that the murder accused is telephoning the complainant from Colvale jail causing mental disturbance and provided mobile numbers and specific timings of the calls which were made, requesting action.
The high court however observed that this is “not enough”.
“Some swift, comprehensive remedial and stringent measures are required to be taken by the jail authorities to ensure that such incidents do not occur in future,” said Justice Shreeram Shirsat.
The court on several occasions has come across similar incidents where apart from drugs, mobile phones are smuggled inside jail premises but observed that no concrete steps have been taken to prevent this the court said.
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