Jeevek Nagpal v. The State (Govt. Of NCT) Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2710/2023 JEEVEK NAGPAL .....Petitioner Through:

Mr. Ashutosh Kaushik, Advocate.

versus THE STATE (GOVT. OF NCT) DELHI .....Respondent Through:

Mr. Yasir Rauf Ansari, ASC for State with Mr. Alok Sharma, Advocate.

Insp. Vivekanand and SI Naveen Kumar, PS-Prashant Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 16.09.2025 1.

The present petition under Article 226 of the Constitution of India, 1950, seeks quashing of the Punishment Ticket No. 412 dated 15th July, 2020 issued by the Jail Superintendent, Central Jail-08, Tihar, Delhi whereby his mulakat facilities were stopped for a period of 21 days. 2.

The Punishment Ticket was awarded to the Petitioner for allegedly having two metal strips and one sharp edged iron blade which were recovered from AC-04 of ward No. 06 inmates wherein the Petitioner was one of the inmates.

3.

Counsel for the Petitioner submits that stoppage of mulakat facilities constitutes a major punishment under Rule 1271(b)(ii) of the Delhi Prisons Rules, 2018 and, therefore, the mandatory procedure prescribed under Rules The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2025 at 12:54:07

1272 and 1273 was required to be followed. It is contended that no written show-cause notice was issued, nor was any enquiry held in the manner mandated by the Rules 4.

Heard. In Chander Kant Jha v. State of NCT of Delhi1, a Coordinate Bench of this Court has held that compliance with Rules 1272 and 1273 of the Delhi Prisons Rules, 2018 is mandatory, and that any punishment ticket issued in violation thereof cannot be sustained, though the authorities are at liberty to proceed afresh in accordance with law. 5.

In the present case, the impugned punishment ticket was issued without adherence to the safeguards prescribed under Rules 1272 and 1273. No written show-cause notice was served on the Petitioner and the record also does not indicate that the alleged confessional statement, if any, was recorded in the manner contemplated under Rule 1273. 6.

In view of the above and having regard to the judgement in Chander Kant Jha, the Punishment Ticket No. 412 dated 15th July, 2020 is set aside. It is, however, open to the Respondent authorities to issue a proper showcause notice and proceed afresh strictly in accordance with the Delhi Prison Rules 2018, if so advised.

7.

The petition stands disposed of in the above terms. It is clarified that this Court has not expressed any opinion on the merits of the allegations. SANJEEV NARULA, J SEPTEMBER 16, 2025 nk 1 2024 SCC OnLine Del 1368.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2025 at 12:54:07