GANGA SAHAY vs STATE NCT OF DELHI THROUGH CHIEF SECRETARY

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th May, 2026 + W.P.(CRL) 1482/2026 & CRL.M.A. 14365/2026 GANGA SAHAY .....Petitioner Through: Mr. Balvinder Kumar, Advocate versus STATE NCT OF DELHI THROUGH CHIEF SECRETARY .....Respondent Through: Mr. Sanjeev Bhandari, ASC, along with Mr. Arjit Sharma & Ms. Sakshi Jha, Advs. SI Rajesh Kumar, PS-Vijay Vihar. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks quashing of punishment ticket dated 02.09.2025. 2. The petitioner was earlier released on furlough and was scheduled to surrender on 30.05.2025. However, he did not surrender on such date and jumped furlough and was, eventually, re-arrested on 02.09.2025 albeit from his residence. 3. Since he had not surrendered in time, his such act was taken as violation of the Delhi Prison Rules, 2018 and his mulaqat facility was directed to be stopped for one week, subject to the approval of the concerned Court which also eventually approved the above said punishment. 4. The contention of the petitioner is to the effect that stoppage of mulaqat Signature Not Verified Signed By:SONIA W.P.(CRL) 1482/2026 1 THAPLIYAL Signing Date:08.05.2026 16:50:46 invites enquiry to be conducted in terms of Delhi Prison Rules, 2018 and no step was ever initiated for conducting any such inquiry. 5. Learned counsel for the petitioner refers to Rule 1268, 1269 & 1271 of Delhi Prison Rules, 2018 and submits that, as per the mandate of the above said Rules, before awarding any punishment, a written notice should have been issued and he should have been served with a Show-Cause Notice but nothing of that kind was contemplated and he was straight away given punishment of stoppage of mulaqat facilities, which is not sustainable in the eyes of law. 6. Learn