New Delhi[India]: The Delhi High Court on Friday granted relief to Sukesh Chandrasekar in a matter related to the punishment awarded to him. The jail authorities have been directed to give him a hearing. He had challenged an order stopping him from using the Canteen and Family meeting/Phone calling facility.
Justice Dinesh Kumar Sharma after considering the matter at length directed to consider the matter afresh and give a proper hearing to Sukesh Chandrasekar. It was argued by the advocate Anant Malik that there was no show cause notice nor any inquiry or hearing before issuing the punishment tickets to the petitioner.
On the other hand Additional Standing Counsel (ASC) Nandita Rao argued that there was no need to issue show cause notice to him as the punishment was minor as these were for 15 days.
The Delhi High Court on Wednesday issued notice on the plea of Sukesh Chandrasekar.
Jail authorities had issued an order stopping him from using Family meetings/ phone calls and Canteen facilities going to be effective from May 1 till May 15, 2023.
Advocate Anant Malik, the counsel for Sukesh Chandrasekar, argued that the two punishment tickets were issued to Sukesh Chandrasekar without hearing him.
It is a violation of the principle of natural justice. It is a serious issue as the family of the Petitioner’s mother resides in Bangalore. There is an urgency and the punishment should be stayed.
On the other hand, ASC Nandita Rao opposed the submissions and argued that there is no urgency in the matter. She said that she would file a status report.
The petitioner has prayed before the court to set aside and quash the Order of April 17 2023 passed by the office of the Jail Deputy Superintendent of Prison, Mandoli, as well as stay on the execution of the said order until the adjudication of the
instant Petition.
The Jail Deputy Superintendent has arbitrarily, erroneously and
without any application of mind, awarded two punishment tickets against the Petitioner depriving him of the canteen facility and the Mulakat/Phone call facility for 15 days, the plea said.
It is also said that the Jail Superintendent was very well aware of the fact that these facilities are the only mode through which the Petitioner is able to communicate with his old mother who is currently residing in Bangalore and cannot travel to meet his
son due to her health issues.
It is only through the phone calling facility that the Petitioner was able to be in touch with her and know about her well-being, especially when the Petitioner is an under-trial prisoner in various politically sensitive matters and is receiving life threats daily, the plea submitted.
Moreover, there exists a conflict of interest between the present Petitioner and the jail officials who have been threatening him and his family and causing them mental and physical agony, the plea submitted.
The Petitioner has also submitted that the said acts of the jail officials have been reported by the Petitioner before the learned Additional Sessions Judge (ASJ), Patiala House and the Hon’ble Court was pleased to give directions to conduct a special independent inquiry regarding the said complaints.
The Petitioner has even filed a Criminal Writ Petition requesting the Supreme Court to transfer him from the jails of Delhi to any other state due to these constant life threats and pressures which are increasing day by day.
Sukesh Chandrasekar is an accused in a Rs 200 crore cheating case registered by Delhi police. He is also an accused in a connected money laundering case.
