In a writ petition filed before the Allahabad High Court the petitioner had requested the Court to provide him a phone facility in jail.
So that he could contact his family. As they were not able to come and meet him because of the Lockdown.
It was also prayed that he should be released for three months on Parole
Prayer in the Writ Petition:
“In view of the aforesaid facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:-
(i) Issue a writ in the nature of mandamus to direct the respondent no. 1 to release the petitioner on parole for three months and/or
(ii) Issue a writ in the nature of mandamus to direct the respondent no. 1 to provide a jail phone facility to the petitioner during the pandemic situation of Covid-19 because due to the country-wide lockdown the family members are unable to visit and meet the petitioner and/or
Pass such other and further order/orders as may deem fit and proper in the interest of justice.”
There is No Lockdown
Hon’ble Allahabad High Court at Lucknow observed that as the Lockdown has been lifted, the family of the petitioner can visit him in jail.
Even otherwise, the petitioner cannot be allowed to use a phone in jail as it is not sustainable in the eyes of the law.
On the issue of granting Parole, the Hon’ble Court held that such relief was not in the writ jurisdiction of the Court.
The act that the petitioner has not approached the appropriate forum for Parole also goes against the petitioner.
The Court dismissed the instant petition
Title: Mohan Singh vs State Of U.P. & Anr
Case No. MISC. BENCH No. – 14848 of 2020
Date Of Order: 20.10.2020
Coram: Hon’ble Justice Ritu Raj Awasthi, Hon’ble Justice Mrs Saroj Yadav