Omprakash S/O. Bharat Bhatkar (In Jail) v. Home Ministry, Jagtic Business Center,

1 wp07-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 7/2019 Omprakash S/o B. Bhatkar ..VS..

State of Maha., thru Secretary, Home Ministry, Manatrlaya & others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.H. Bhatia, Advocate (Appointed) for Petitioner. Ms. N.R. Tripathi, APP for Respondents.

CORAM : Z.A.HAQ & VINAY JOSHI, JJ.

DATED : 10 th APRIL, 2019 Heard.

2.

By this petition under Articles 226 & 227 of the Constitution of India, the petitioner has prayed that the respondents be directed to grant permission to the petitioner to contact his relatives on coin box telephone facility. 3.

In response to the notice issued by this Court, the respondent No. 2 has filed reply stating that as per Clause 10 of Circular dated 06.08.2014, the petitioner who is convicted for the offences punishable under Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, is not entitled for the facility. The learned Advocate for the petitioner has not been able to controvert the stand of the respondent No. 2.

4.

We do not find any illegality in the action of the

2 wp07-2019 respondents which necessitates issuance of Writ of Mandamus as prayed by the petitioner.

5.

The Writ Petition is dismissed.

6.

The learned Advocate appointed to represent the petitioner shall be paid her fees as per the Rules. JUDGE JUDGE Gabhane