Delhi High Court
Delhi Sikh Gurudwara Management ... vs Government Of Nct Of Delhi And Anr. on 31 August, 2020
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31.08.2020
+ W.P.(C) 11789/2018
DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE
..... Petitioner
Through: Mr. Maninder Singh with Ms. Aekta
Vats & Mr. Harpreet Singh Hora,
Advocates
versus
GOVERNMENT OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Gautam Narayan, ASC for
GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
D.N. PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. The present petition has been filed with the following prayers:-
"a) Issue Writ(s) or Order(s) in the nature of Mandamus
thereby commanding the Respondents to follow in letter and
in spirit the observations in case titled, "Sunil Batra vs. Delhi
Administration", (1980) 3 SCC 488, pertaining to the rights
and dignity of prisoners;
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:02.09.2020 11:41
b) Issue Writ(s) or Order(s) in the nature of Mandamus
commanding the Respondents to refrain from acting an
arbitrary and discriminatory manner against the prisoners
lodged in the High Security Wards/Prisons, Tihar Jail, New
Delhi, in comparison to the prisoners lodged in the
General Wards/ Prisons, Tihar Jail, New Delhi;
c) Issue Writ(s) or Order(s) in the nature of Certiorari
thereby quashing Sub-rule (4) under the heading of
"Don'ts" under Rule "V" pertaining to "Food, Toilet,
Clothing and Bedding" of Standing Order No. 2/2017 as
well as Rule "IX" pertaining to "Interview" under the said
Standing Order issued by Respondent No. 2, as the same
are violative of the Fundamental Rights of the prisoners
lodged in the High Security Wards/Prisons, Tihar Jail, New
Delhi, guaranteed under the Constitution of India and
being ultra vires the provisions of the Delhi Prisons Act,
2000 and Rules framed thereunder; And
d) Pass any other Order(s) and/or Directions(s) or
formulate any other Guideline(s) as this Hon'ble Court may
deem fit and proper, in the interest of Justice."
2. For ready reference Rule V(4) of Standing Order dated 13.11.2017
(Annexure P-1 of the memo the writ petition) is extracted hereunder:-
"V. Food, Toilet, Clothing & Bedding
xxxx xxxx xxxx xxxx xxxx
Don'ts
xxxx xxxx xxxx xxxx xxxx
4. TV, Transistors or FM Radio are strictly prohibited
and should not be allowed in High Security Ward except with
prior authorization of the Court or DG(P)."
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:02.09.2020 11:41
3. In this Public Interest Litigation, arguments have been canvassed
mainly about the facilities required to be extended to the jail inmates who
are in High Security Ward (HSW).
4. Learned counsel for the respondent submitted that the classification of
High Security Ward (HSW) prisoners and General Ward (GW) prisoners is
statutorily recognized and permitted under Section 28 of the Delhi Prisons
Act, 2000 ("Delhi Prisons Act") and the Government of NCT of Delhi is
empowered under Section 71 of the Delhi Prisons Act to make rules for
classification and separation of prisoners, their treatment, regulation of
bringing articles into prison etc. It is submitted that the classification of
prisoners into General and High Security is done by the competent authority
after application of mind and due consideration of a variety of serious issues,
the most important and paramount being the objective of securing the safety
of inmates of the prison, visitors and the prison as a whole. The placing of
prisoners in HSW is based on an analysis of the security threat/hazard posed
by the said prisoners and is subject to periodic review.
5. The respondent no. 2 has filed additional affidavit dated 27.07.2020,
detailing the facilities being extended to the High Security Ward jail
inmates. Paras 8, 8.1, 8.2 and 10 of the additional affidavit read as under:-
"8. Facilities provided for interaction with the outside
world.
It is stated that Chapter 25 of the Delhi Prison Rules,
2018 contemplates various facilities to be provided to the
High-Risk Ward prisoners such as a provision of books,
newspapers, writing material etc.
8.1 Radio/ newspapers/ books: It is submitted that the
facility of radio, magazines, newspapers and books are
regularly provided to the prisoners in the High-Risk Ward
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:02.09.2020 11:41
cell. The submission of the Petitioner alleging a denial of
these facilities and complete isolation of prisoners is
incorrect and is categorically denied.
8.2 Phone calls: It is stated that 2 phone calls with a
family member or legal counsel are permitted per prisoner
per week and is being availed by prisoners through the
Inmate Phone Call system. Apart from this, in an emergent
situation an additional phone call is also allowed to inmates
at their request. It is pertinent to mention that in the
backdrop of Covid-19 and the risks posed by it, physical
meetings with the family member and legal counsel are
currently not permitted; however, the Respondent has
initiated a Video Conferencing facility for the prisoners, to be
availed on basis of request of their counsel. This has been
started in Central Jail No.6, Tihar and will be extended to
other prisons in phase wise manner.
10. It is humbly submitted that medical care is being
provided to all inmates without any discrimination. The
medical calls are also attended by the Doctor on duty,
preferably in the enclosure of the High Security Ward itself,
except in exceptional cases where there is an emergency.
Further, specialists/ medical officers/ para-medical staff visit
the High Security Wards on the days fixed by the prison
authorities without fail."
6. Looking to the affidavits and the reports filed by the respondents and
also the provisions of the Jail Manual, it appears that the respondents are
providing facilities to the jail inmates like books, newspapers, weekly
magazine, visiting doctors, counsellors and psychiatrists, mulakat/telephone
facility, canteen, library facility etc. Television/radio outside the cell, regular
physical exercise, yoga, sport, games and recreation etc. are being conducted
by the respondents to the Jail inmates.
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:02.09.2020 11:41
7. Learned counsel for the petitioner submitted that the inmates of HSW
are not being provided with the facilities of television (TV).
8. In this regard, it is submitted by the counsel for the respondents that
now a decision has been taken by the respondents that the TV facility will be
provided to the HSW prisoners in a common area which is to constructed
near the high security ward. He further submitted that all steps in this
direction will be completed by 30.09.2020.
9. Counsel for the petitioner is satisfied with this statement.
10. It is expected from the respondents that a time limit fixed by the
respondents for the construction of the common area for TV facilities for the
High Security Ward jail inmates shall be adhered to and in any case not
exceeded beyond 30.09.2020.
11. Counsel for the petitioner submitted that now nothing further is
required to be considered in this Public Interest Litigation.
12. In view of these facts and also looking to the earlier affidavits and
records filed in this writ petition, we see no reason to further monitor this
case. Accordingly, this writ petition is hereby disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 31, 2020
kks
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:02.09.2020 11:41
