$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010495432025 + W.P.(CRL) 2312/2025 ZAHOOR ALAM .....Petitioner Through: Mr. Kunal Malhotra, Advocate. versus STATE NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC (Crl) for State CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 19.08.2026 1. The present petition has been filed under Article 226 of constitution of India read with Section 528 of the Bharatiya Nagarik Suraksh Sanhita, 2023(‘BNSS’) for quashing of punishment ticket dated 16.07.202l awarded by the Jail Superintendent, Tihar, Delhi. 2. According to the facts of the present case, he was issued the punishment ticket as he allegedly failed to surrender on 14.02.2021 and instead surrendered on 12.07.2021, reflecting a delay of 148 days. 3. This Court in Vipin Sharma v. State (Govt. of NCT of Delhi)1, observed that punishment cannot be imposed upon a prisoner unless it is preceded by clear notice informing him of the charge, or default alleged against him. The relevant para 6&8 are extracted as under: - 1 2022: DHC:3215. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:44:19 6. I am of the view that the stoppage of Mulakat is a major punishment. Once a procedure for awarding the punishment has been prescribed in the Delhi Prison Rules, the same must be complied with in its true letter, spirit and intent. Rule 1272 mandates that before awarding the punishment, the prisoner should be given: (i) written notice, (ii) calling him to show cause with reference to alleged violation of the jail rules and (iii) The order of punishment to be communicated to concerned prisoner. *** 8. Showing of punishment ticket by no stretch of imagination can be said to be compliance of Rule 1272. The showing of punishment ticket is not akin to giving a show-cause notice. The show-cause notice requires that the prisoner/inmate should be put to notice and he must be informed in writing that he is required to respond to the charges levelled against him as well as the basis for those charges and the punishment which can be given to him in case his response is found unsatisfactory. The punishment ticket produced hereinabove has already found the petitioners guilty of violation of Prison Jail Rules. Only the punishment remained to be ascertained which has been done subsequently through the handwritten note. The punishment ticket, hence, is not a show-cause notice and the same falls foul of Rule 1272. (Emphasis Supplied) 4. This Court has quashed punishment tickets where delays in surrender occurred due to COVID-19. Reference can be made to decision in the case of Mohd. Alam v. State of NCT of Delhi2, the relevant para 5 is extracted as under:- “5. Earlier also, in few cases it has been observed that on account of illiteracy and ignorance, many a time the convict released on parole or furlough fails to surrender back in time and the delayed surrender leads to punishment, with its consequential effects. In all those cases, directions are being issued by this Court to the Jail Authorities to inform to the convicts at the time of their release on parole or furlough, a specific date in writing by which they have to surrender. In this regard, instead of a bald statement on behalf of the Jail Authorities that they had informed the convict about the date of surrender, it would be appropriate that a written note of date of surrender is handed over 2 2025: DHC: 6065. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:44:19 to the convict at the time of releasing him on parole or furlough after taking his acknowledgement on a copy of the said written note, so that there is no ambiguity.” (Emphasis Supplied) 5. Therefore, in the view of the aforesaid, the Court directs that the punishment ticket for the said period stands set aside. 6. With these observations, the instant petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J AUGUST 19, 2026 Nc/ad This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2026 at 12:44:19