Raman Puri & ORS. v. State Of NCT. Of Delhi
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3900/2024 RAMAN PURI & ORS.
.....Petitioners Through:
Mr. Mohit Chaudhary, Mr. Kunal Sachdeva and Ms. Vaishali Shukla, Advs.
versus STATE OF NCT. OF DELHI .....Respondent Through:
Mr. Sanjay Lao, SC for State with Ms. Priyam Aggarwal, Adv. with SI Amit Tyagi, PS. DIU/NDD.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 17.12.2024 1.
The present petition has been filed under Article 226 of the Constitution of India read with Section 528 BNSS seeking the following relief:- i. Issue an appropriate Writ of Mandamus or any other analogous Writ, Order or Direction to Superintendent of Central Jail, Tihar, Delhi as Preventive Measure in FIRs mentioned in Para - 4 of present Writ, for safety and liberty of Petitioners, Raman Puri, Vikram Puri and Varun Puri who are currently under judicial custody; and/or ii.
Pass an Order directing Superintendent of Central Jail, Tihar, Delhi to provide a separate vehicle for transport of Raman Puri, Vikram Puri and Varun Puri from Jail to Court; and/or iii.
Pass an Order directing the Investigating Authorities to make Raman Puri, Vikram Puri and Varun Puri appear through video conferencing from Tihar Jail for their appearance before Ld. Court of Magistrate at the time judicial custody extension in FIRs mentioned in Para - 4 of present Writ; and/or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
Notice was issued by this Court vide order dated 13.12.2024 with a direction to the State to file its Status Report. The Status Report has been filed and the same is on record.
3.
A perusal of the Status Report shows that Superintendent of Jail, Central Jail-01 in the Status Report has stated that in so far as the production of the petitioners before the concerned criminal courts is concerned, the same can be done as per the directions of the said courts. The following relevant extracts from the status report reads as under:-
1. That applicant accused was called and heard in person by the undersigned where he stated that he do not have any threat perception inside jail. He has threat perception during court production in bus and court lockup. (Kharja) he inquired to disclose the name of any accused who threatened him in Jail Van or in court lockup (Kharja) but he did not able to disclose name of any accused persons. He further inquired that can he identify the accused persons but he denied for same.
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4. That if the concerned Hon'ble court or this Hon'ble court passed the order for production of the said accused through Video conferencing/webex this office will produce the above said accused through Video conferencing/webex including outstation cases. This office always abides by the order and directions of the Hon'ble Court(s) concerned and sincerely endeavors that Hon'ble Court orders are duly complied with in absolute spirit. 4.
The learned counsel for the petitioner submits that the directions in terms of para 7 of the order dated 13.12.2024 may be given. In so far as the production of the present petitioners physically whenever inevitably required, proper security may be provided to the petitioners by the DCP, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Nayayik Abhiraksha Vahani, Vikaspuri, New Delhi by making proper arrangements as per the rules.
5.
In view of the above, the present petition is disposed of with a direction to the Jail Superintendent to produce the petitioners for their appearance before the concerned Judicial Magistrate(s) in all the criminal cases registered against them through Video Conferencing whenever it is feasible.
6.
In criminal cases, where the production of the petitioners is physically mandatory, necessary protection may be provided to the petitioners by the DCP, Nayayik Abhiraksha Vahani, Vikaspuri, New Delhi by making appropriate arrangements in accordance with rules, to ensure their security against any potential harm.
7.
The petition stands disposed of in the above terms. VIKAS MAHAJAN, J DECEMBER 17, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.