Mahammad Ali Ismail Amdare v. The State Of Maharashtra

1 CriWP 204/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 204 OF 2016 Mahammad Ali Ismail Amdare PETITIONER V E R S U S The State of Maharashtra & Ors.

RESPONDENTS Mr. Govind Kulkarni, Advocate appointed for the Petitioner Mrs. P.V. Diggikar, A.P.P. for the Respondents - State CORAM : A.V. NIRGUDE & V.K JADHAV, JJ.

DATE : 30th June, 2016 PER COURT :

1.

Perused the petition and the reply filed opposing the same. 2.

The petitioner is a convict undergoing sentence of life imprisonment in Nasik jail. He alleged that facilities of Circular dated 6th August, 2014 were denied by him mainly because he allegedly belonged to Organized Crime Gang. The main grievance of the petitioner is that he is denied access to telephone/coin box phone installed in the jail. The petitioner cannot claim access to phone as of right. 3.

The petitioner is excluded from the society because of anti-

2 CriWP 204/2016 social activities, and therefore, it is necessary that the petitioner should also be excluded from the social contacts. Telephone is a mean for communication. Use of telephone by anti-social element residing in jail is well known. The Circular of 6th August, 2014 made classification of convicted prisoners on the basis of their antecedence. Such classification in our view, is not violative of fundamental rights. Therefore, the petition fails. In view of this, petition stands dismissed. 3.

Fees of Rs.2,500/- (Rupees Two Thousand Five Hundred) be paid to the Advocate appointed for the petitioner, as per rules. ( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) srm/30/6/16