Sonu v. State
$~15 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SONU ..... Petitioner Through: Mr. Aditya Vikram, Advocate versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Sanjay Lao, ASC with SI Ranvir Singh
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R
% 31.05.2017 When this petition was called out, Mr. Aditya Vikram advocate representing Delhi High Court Legal Services Committee appeared for the petitioner and submitted that relief has already been granted on another writ petition, it being WP(Crl.) 1057/2017, by order dated 26.05.2017 passed by other coordinate bench (presided over by Ashutosh Kumar, J.).
In view of the submissions made at that stage by the learned additional standing counsel for the State, the file of the said other matter has been called for and perused. A perusal and comparison of the two records gives rise to cause for concern. It is noted that a petition seeking release on parole on behalf of the petitioner was drafted by Mr. Vineet Malhotra, jail visiting advocate appointed by Delhi High Court Legal Services Committee for Central Jail no.13, Mandoli, Delhi-93.
The counsel has not
indicated any where the date on which he had made the said preparation. The petitioner had put his thumb impression which was attested by Deputy Superintendent (Jail) at one place on 03.03.2017. The petition as presented was made over to Superintendent, Delhi State Legal Services Authority at Jail Section, Tihar Jail Complex, New Delhi by the Superintendent Jail no.13, vide his letter no.F.13/SCJ-13/AS(CT)/2017/1091 dated 21.03.2017. The original letter, with the original petition bearing the signatures of the counsel who prepared it, bearing the thumb impression of the petitioner at relevant places with nominal roll dated 17.03.2017 eventually reached the office of Delhi High Court Legal Services Committee which made it over to the Registrar General, High Court of Delhi by despatch no.2102 dated 30.03.2017, Mr.
Aditya Vikram, advocate having been appointed as the counsel representing the petitioner in the said original petition, which was registered as WP(Crl.) 1057/2017. For some reasons, which remain unexplained, the photocopy of the said very petition alongwith photocopy of the covering letter dated 21.03.2017 was forwarded by Superintendent of Prison to the same authority (Delhi State Legal Services Authority at its Jail Section at Tihar Jail Complex) by another letter purported to bear date 27.01.2017.
The said letter resulted in another forwarding letter bearing despatch no.3864 dated 24.05.2017 from the office of Delhi High Court Legal Services Committee to the Registrar General, Delhi High Court, it being registered as WP (Crl.) 1731/2017 giving rise to another case on the same prayer.
Some check in the office of prison department and in the office of Delhi High Court Legal Services Committee would have blocked
the second petition also getting registered as another writ petition. The above cannot be countenanced.
It needs probe so that possible abuse of judicial process, if that were intended, can be checked by appropriate measures being put in position. The Registrar General shall have an inquiry made and make a report on the administrative side.
With these observations, the petition is disposed of. R.K.GAUBA, J MAY 31, 2017 yg