Irfan @Chenu Pehalwan v. State Govt Of NCT Of Delhi And ORS.
$~103 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3641/2024 IRFAN @ CHENU PEHALWAN .....Petitioner Through:
Mr.
Sulaiman Mohd.
Khan, Mr.
Bhanu Malhotra, Mr. Gopeshwar Singh Chandel and Mr.
Abdul Bari Khan, Advocates.
versus STATE GOVT OF NCT OF DELHI AND ORS.
.....Respondents Through:
Mr. Rahul Tyagi, ASC for the State with Mr.
Hitendra Rath and Mr.
Anikate, Advocates along with SI Suresh Kumar Meena, PS New Usman Pur.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 21.11.2024 CRL.M.A. 34910/2024 (Exemption) 1.
Exemption allowed, subject to all just exceptions. 2.
The application stands disposed of.
W.P.(CRL) 3641/2024 and CRL.M.A. 34909/2024 (For directions) 3.
The present petition is filed seeking the following prayers: "(a) Issue a writ/ order/ direction in the nature of Mandamus to set up a Special Investigation Team comprising senior police officers with a demonstrably unblemished record and credibility to carry out an independent, impartial, professional and time bound investigation into the complainants of the petitioners and take necessary legal action;
(b) Pass an appropriate writ, order or direction in the nature W.P.(CRL) 3641/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of Mandamus or any other writ, order or direction to Respondent No.4 directing him to file a details affidavit supported by relevant material regarding the functioning of CCTV Cameras in Central Jail No.15, Mandoli Jail, Delhi including all blocks and cells;
(c) Issue a writ/ order/ direction in the nature of Mandamus thereby directing/ commanding/requiring the Respondents to ensure safety and protection of the Petitioners; (d) Pass such other and further orders as this Hon'ble Court may think fit in the interest of justice."
4.
A representation was given on behalf of the petitioner alleging violation of privacy as well as his ill treatment by the Jail officials. The petitioner complained that a CCTV was installed in his washroom which is a serious invasion to the privacy. It is further alleged that certain officials, at the instance of the Jail Superintendent, had misbehaved and beaten up the petitioner and one other accused person.
5.
The petitioner is in judicial custody and, prima facie, all grievances with regard to ill treatment or any other aspect can be looked into by the learned Trial Court.
6.
It is pointed out that two applications filed by the petitioner are pending consideration by the learned Trial Court, that is, an application seeking directions for removal of the CCTV cameras and an application for restoration of Jail facilities.
7.
The learned counsel for the petitioner submits that the CCTV footage of the Jail premises which would show that the petitioner was ill treated ought to be preserved. 8.
The petitioner is at liberty to file an appropriate application before the learned Trial Court in this regard as well. 9.
Insofar as the other complaints made by the petitioner in the present petition are concerned, the petitioner is at liberty to file appropriate applications before the learned Trial Court for W.P.(CRL) 3641/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the same.
10.
In view of the above, this Court does not consider it apposite to entertain this petition at this stage. 11.
Accordingly, the petition is dismissed. Pending application also stands disposed of.
12.
Needless to say, the petitioner is at liberty to approach this Court in case any grievance remains in future. AMIT MAHAJAN, J NOVEMBER 21, 2024 DU W.P.(CRL) 3641/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.