Gulshan Vardhan vs The Govt. Of Nct Of Delhi Through ...
2020 Latest Caselaw 450 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 23rd January, 2020

+      W.P.(C) 10267/2019 and CM No. 42343/2019


       GULSHAN VARDHAN                   ..... Petitioner
                   Through: Mr. Keshav Sharma, Ms. Aditi Mishra
                   and Ms. Khushboo Bhagat, Advs.

                            versus


       THE GOVT. OF NCT OF DELHI THROUGH ITS CHIEF
       SECRETARY & ANR                   ..... Respondents
                     Through: Mr. Satyakam, Addl.Standing
                     Counsel-GNCTD

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                            ORDER

       %                    23.01.2020

D.N. PATEL, CHIEF JUSTICE (ORAL)

W.P.(C) 10267/2019

1. This Public Interest Litigation has been preferred with the following prayers :

"(i) Appropriate writ, direction and/or order in the like nature to the Respondents herein for allowing Mulakats/Interviews with Prisoners on weekends and / or non- working days to the families and advocates of these prisoners.

and/or;

(ii) Declare rule no. 600 of Delhi Prison Rules 2018 "Interviews are granted on Sundays and other government holidays in exceptional cases only and with the permission of the superintendent, "as arbitrary and ultra vires the constitutional mandate.

and/or;

(iii) Appropriate writ, direction and/or order in the like nature directing all the Respondents to monitor, evaluate and implement laws to ensure continuing effective application of existing laws in order to safeguard the constitutional rights provided to members of families of prisoners as equal citizens of the country.

and/or;

(iv) appropriate writ, direction and/or order in the like nature directing all the Respondents herein to form a Statutory Authority only with a view to monitor and properly implement respective laws in order to safeguard rights of the Families of Prisoners and consistently look into their needs.

and/or;

(v) appropriate writ, direction and/or order in the like nature directing thereby all the Respondents herein to formulate an education program so as to enable the family members of prisoners as well for prison authorities on how to respect the

basic Human and Constitutional Rights of the Citizens of Our Country.

and/or;

(vi) Pass such other and/or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that Rule 600 of Delhi Prison Rules, 2018 permit interviews with the prisoners even on holidays with the permission of the superintendent. For the ready reference, Rule 600 of the Delhi Prison Rules, 2018 reads as under :

"Interviews on Prison Holidays

600. Interviews shall not ordinarily be granted on Sundays and oilier government holidays. The Superintendent may, however, under very exceptional circumstances, grant interviews on these days as well. The reasons for granting such interviews on Sundays or Holidays shall be recorded by the Superintendent in the journal."

3. Learned counsel appearing for the respondents has drawn our attention to the paragraph 19 of the counter affidavit filed on behalf of the respondent no. 2, which reads as under:

"19. That the contents of para 23 are wrong and denied. That the Mulakaat/Interviews of the prisoners with their family members/acquaintances/advocates are not conducted on Sunday and Gazetted Holidays in the prison. Functioning of jail is 24x7 throughout the year. On Sunday, the rest is given to some staff

in a shift wise manner. It is additionally submitted that safety and security issues are involved and hence cannot be afforded to be compromised. If prayer of the Petitioner was to be acceded to there will be no Off-day for the staff and then administration of jail may be adversely affected in view of existing strength of the staff and infrastructures. Further, prisoners also need to relax and prepare themselves mentally.

Conducting Interview/Mulakaat of the prisoners with their family members/acquaintances requires a lot of arrangements particularly extra safety and security arrangements and therefore will not be very easy affair to conduct Interviews on Sunday when the staff is not adequate in strength in comparison to other days of the week. It is submitted that the staff maintaining other facilities like sitting arrangements/e- Rickshaw/depositing belongings of the visitors etc., are also on rest and in certain situation their substitutes may not be easy to be arranged. Further, all government institutions keep their offices closed on Sunday and one off day may also be available to some of the staff of jail as far as possible. It is worthwhile to add that the advocates have already been allowed to avail Interviews twice a week besides their Interview with the prisoners in the court on the day of court production during proceedings. Furthermore, Inmate Phone Calling System is a very useful facility through which a prisoner connects to the family to communicate/discuss all affairs and this facility is available on Sunday. The advocate may also connect himself/herself to the prisoner not only on Sunday/nonworking

days but on other days also, thus there is no communication gap between the prisoner and his counsel/advocate which may cause any hurdle in the path of right to speedy justice to the prisoners."

4. From the aforesaid paragraph, it appears that on all the working days, mulakaat and interviews of the prisoners are permissible with their advocates and relatives.

5. Moreover, even on Saturdays and Sundays, the prisoner/inmate can always contact their relatives with the help of "Inmate Phone Facilities" available in the prisons.

6. However, in a specific or given case, looking to the urgency or the reasons, every power, jurisdiction and authority vests with the superintendent of the jail to allow mulakaats/interviews with the inmate on Saturdays and Sundays. But in that case, specific reasons are to be given by the concerned person to meet the jail inmate on Saturday and Sunday.

7. In view of the above facts and also looking to Rule 600 of Jail Prison Rules, 2018, we see no reason to entertain this writ petition as there is already an efficacious remedy available under the said Act.

8. Nonetheless, it is always open for any person to file an appropriate proceeding, if for the specific and cogent reasons, the superintendent does not allow to have an interview or mulakaat with the jail inmate, the court will look into such reasons and can always permit in a given situation such interview or mulakaat.

9. Thus, we see no reason to further monitor this case and the same is therefore disposed of.

CM No. 42343/2019

1. In view of the disposal of the writ petition, this application stands disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

JANUARY 23, 2020/kr