Mohammed Sajid Marghoob Ansari v. The State Of Maharashtra

Shubhada S Kadam 8 wp 2422.2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2422 OF 2021 Mohammad Sajid Maghroob Ansari ....Petitioner

Versus

The State of Maharashtra ....Respondents Mr. Mohansinh U. Rajput, Advocate for the Petitioner. Ms. Sangeeta D. Shinde, APP for the State.

CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : 18th APRIL, 2022.

P.C. :

1.

Heard Mr. Rajput, learned counsel appointed to represent the petitioner. A limited grievance is raised in the petition. Mr. Rajput submitted that though circular was issued by the prison authorities i.e. Additional Director General of Police and Inspector General (Prisons), whereby 'coin box' facility was made available to the prisoners so as to have an interaction with their relatives on periodical basis, the petitioner was not granted the said facility. Thus, in short, the submission is in respect of discrimination suffered by the petitioner. 2.

A copy of the letter petition was forwarded to the Office of Public Prosecutor. Learned APP tendered a compilation of communication dated 17th April, 2022, for our perusal. The same is taken on record and marked- 'X' for identification. In the first part of the communication dated 17th April, 2022, it is stated that the petitioner is a 1/2 Digitally signed by SHUBHADA SHANKAR KADAM Date:

2022.04.26 10:28:36 +0530 SHUBHADA SHANKAR KADAM

Shubhada S Kadam 8 wp 2422.2021.doc convict undergoing punishment for the offences punishable under Maharashtra Control of Organized Crimes Act, 1999 (for short "MCOCA"), and as per the Circular dated 25th March, 2022, such convicts are not eligible for such facility. A copy of the Circular dated 25th March, 2022 is annexed to the communication. Perusal of the communication shows that though the 'coin box' facility is made available to the prisoners, there are certain exceptions carved out and under clause (3) of the Circular, it is stated that except those convicts suffering their imprisonment for commission of offenses under Terrorist Activities, Sedation, Naxalites, Unlawful Activities, MCOCA as well as habitual offenders, other convicts are entitled for 'coin box' facility twice a month. In the second part of communication, it is stated that the relatives and the counsel of the petitioner is permitted to visit the petitioner and thus an interaction facility is made available to the petitioner.

3.

In view of the above referred facts, in our opinion, the action taken by the respondent authorities is as per the circular and no fault can be found in the said action. Thus, the petition being meritless, the same deserves to be dismissed and same is accordingly dismissed. 4.

Mr. Rajput, learned appointed counsel, be paid fees as per Rules.

( S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 2/2