Jail inmates allowed to consult private Lawyers via Video Conference: Govt tells HC

The Delhi government on Tuesday told the Delhi high court that inmates of city prisons can now consult their private or legal aid lawyers via video conference.

The court was hearing a couple of pleas that had challenged the March 25 notification of the prisons authority, suspending all legal interviews and family visits to jails in view of the coronavirus outbreak.

Additional standing counsel Satyakam for the Delhi government told a bench of Chief Justice DN Patel and Justice Prateek Jalan that the facility was earlier available only for consulting legal aid lawyers, but a circular issued on Monday allows all inmates to use it to even consult their private lawyers.

Taking note of the submission made by the Delhi government’s additional standing counsel, appearing for the prisons authority, the bench said it was not going to interfere in the matter at this stage and issue any directions.

The court was hearing two separate PILs moved by two lawyers -- Sarthak Maggon and Ajit P Singh -- challenging a March 25 notification of the prisons authority suspending all legal interviews and family visits in jails in view of the coronavirus outbreak.

The court said the restrictions on legal interviews were put in place by the prisons authority to save the lives of the inmates and with the July 6 circular, the March 25 notification is no longer applicable.

Senior advocate Vikas Pahwa, appearing for Maggon, and advocate Lav Kumar Agrawal, appearing for Singh, expressed some reservations regarding the circular. They said privacy of privileged communication between an inmate and lawyer ought to be maintained and no jail official should be within hearing range of the video meeting.

Satyakam said no jail official would be in hearing range of the video conference. Taking note of all the submissions, the bench asked the prisons authority to consider them as suggestions if and when in the future it decides to amend the circular.

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