Calcutta High Court orders inspection of all jails in State after inmate of Berhampore prison found with mobile phone

The Calcutta High Court recently ordered the West Bengal government to conduct a thorough inspection of all the jails in the State to ascertain whether inmates are being allowed to use mobile phones or any other electronic devices inside the prison [Sukur Mondal @ Sukur Ali Mandal vs State of West Bengal]..A division bench of Justices Joymalya Bagchi and Ajay Kumar Gupta expressed displeasure over the fact that an accused in a narcotics case, lodged in the Berhampore Correctional Home, was found using a mobile phone."We take judicial notice that mobile phones and electronic devices permitting access to inmates to the outside from the Correctional Home is endemic. Many undertrials regularly use mobile phones with impunity to keep contact with miscreants and commit offences from jail. This grave aberration in prison security must be immediately addressed and remedied," the bench said in the order passed on February 13. .The bench, therefore, ordered the Principal Secretary, Correctional Service and Director General and Inspector General of Police to conduct thorough searches in all the correctional homes in the State and also to ensure that no mobile phone or any electronic device, are in the possession of the inmates. "If any gadget is found, the same shall immediately be seized. The officers shall look into the feasibility of setting up jammers inside the Correctional Homes so that the inmates are unable to use mobile phone or other devices inside the correctional home. The officers shall also explore the possibility of setting up X-ray/scanner machines etc., for the purpose of checking inmates at the time when they are initially admitted to custody and/or whenever they are remitted to custody after production in Court or otherwise," the bench ordered. The bench also ordered the authorities to submit a report on the same by March..As regards the accused found using mobile phone in the Berhampore prison, the Court noted that the authority concerned, i.e. the Inspector General of Police (Correctional Services) did not himself conduct an enquiry into the matter but instead asked his deputy to proceed with the enquiry. "Fact that possession of electronic devices like mobile phones by inmates not only breaches prisoner discipline but also is a serious threat to security has completely escaped the consideration of the superior officer. Failure to detect such prohibited items during search prima facie amounts to dereliction of duty. No steps have been taken against the Officers who undertook such casual searches," the bench observed, while ordering the authorities to initiate proper action against such officers. .After going through a separate report submitted pursuant to the court's orders, it noted that the call detail records (CDRs) indicated that much prior to the searches conducted in the jail, the petitioner accused had made phone calls from the Correctional Home. "This establishes the fact that he was in possession of the mobile phone at the time when the searches were held. Searches held inside the Correctional Home appear to have been done in a very casual manner. It is painful to note that the Inspector General of Police (Correctional Services), appears to take the most lenient view in the matter," the bench noted..Taking an overall view of the matter, the bench refused to grant bail to the petitioner accused. It further issued notice to a co-accused, who was granted bail on December 21, 2022, to show cause as to why his bail should not be cancelled. .Advocates Arnab Chatterjee and Jishan Iqubal Hossain appeared for the Petitioner.Public Prosecutor Saswata Gopal Mukherji and Saryati Datta represented the State. .[Read Order]