Delhi High Court
Sr. Suma Sebastian vs Govt. Of Nct Delhi on 28 January, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 28.01.2020
+ W.P.(C) 5695/2019
SR. SUMA SEBASTIAN ..... Petitioner
Through: Ms. Ritu Kumar, Adv.
versus
GOVT. OF NCT DELHI ..... Respondent
Through: Mr. Anuj Aggarwal, ASC with
Mr.Ankit Monga, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
1. This Public Interest Litigation has been preferred with the following
prayers:
"a) Issue a writ of mandamus or any other appropriate writ,
order or direction to the respondents to quash and set aside
Chapter XXIX of the Delhi Prison Rules, 2018 relating to the
Board of Visitors but only to the extent that it is pleaded that
these rules are unconstitutional and unreasonable and in
violation of the Supreme Court judgements in re: Sunil Batra
and Ors.
b) For an order laying down guidelines, to substitute for the
rules that are quashed in Chapter XXIX, as set out in
paragraphs 12.1 to 12.15 above.
c) Issue a writ of mandamus or any other appropriate writ or
declaration directing tine Respondent to issue fresh
notification appointing visitors in accordance with the
decisions of the Supreme Court.
d) Pass any such order/s as this Hon'ble Court deems fit and
proper in the facts and circumstances of this case."
2. Having heard the counsel for both the sides and looking to the facts
and circumstances of the case, it appears that several grievances have been
ventilated in this writ petition about Chapter XXIX under the heading
"Board of Visitors" of the Delhi Prison Rules, 2018, especially about the
independence of the "Board of Visitors", their surprise visit and about the
criteria for the appointments of the members.
3. Counsel for petitioner has also placed reliance on the decision
rendered by the Hon'ble Supreme Court in Sunil Batra (II) & Ors. reported
in 1980 (3) SCC 488 as well as a judgment reported in Sanjay Suri vs.
Delhi Administration, Delhi, 1988 (Supp.) SCC 160.
4. For ready reference the Rule Nos.1640, 1641, 1642, 1644, 1646, 1648
and 1649 of Chapter XXIX of the Delhi Prison Rules, 2018 under the
heading "Board of Visitors" read as under:
"1640. The task of the Board of Visitors shall include:-
a) Monitoring the Correctional work in Prisons, with
special attention to the degree and quality of training
and the effectiveness of infrastructure/facilities in the
Prisons.
b) Suggesting new avenues leading to improvement in
correctional work.
c) Going into individual or collective grievances of
Prisoners and providing Redressal in consultation with
the Prison authorities."
1641. The Board of Visitors for each prison shall comprise the
following Government servants who will be known as official
members:
a) The District & Sessions Judge(HQ) or his nominee not
below the Rank of Additional District & Sessions Judge,
In case of women prison preferably Women District &
Sessions Judge,
b) The District Magistrate, In case of women prison
preferably women District Magistrate,
c) Deputy Commissioner of Police, Delhi
d) Director of Education or his nominee not below the
Rank of Deputy Director,
e) Director of Health Services or his nominee not below
the Rank of Chief Medical Officer,
f) Director of Social welfare or his nominee not below
the Rank of Deputy Director."
1642. The Board of Visitors for each prison shall also comprise
the following members who are not government servants and
will be known as Non-Official Members:-
a) In case of women prison, two woman members of the
Legislative Assembly and for male prison, two members
(either male or female) of the Legislative Assembly, to be
nominated by Speaker of Legislative Assembly.
b) One nominee of National Human Right Commission.
c) Two social workers residing in the territory of
Government of National Capital Territory of Delhi; one
of them should be from legal background having an
interest in the administration of prisons and welfare of
prisoners but should not be in active practice. Out of the
two social workers one should be a Woman.
d) Two Doctors residing in the territory of Government
of National Capital Territory of Delhi, one of them
should be woman,
e) One psychiatrist residing in the territory of
Government of National Capital Territory of Delhi.
1644. The Board shall make at least one visit per quarter and
for this purpose, presence of three members (one official
Visitor and two Non-Official Visitors) and the chairman shall
constitute quorum.
1646. When a non-official member of the Board of Visitors
visits a prison he/she shall be accompanied by at least one
more member (official or non-official). The chairman of the
Board of Visitors shall make a monthly roster of visits to be
paid by the members of the Board to the Prison, in
consultation with the Superintendent.
1648. Every non-official Visitor is expected to interest himself
in the upkeep of prisoners and visit the prison of which he is a
Visitor, once a month, and oftener, if possible.
1649. During visits, a Visitor (member of the Board of
Visitors) shall enjoy the right to converse secretly and
separately with any prisoner who is willing to talk to the
Visitor. However, such separate interaction between a Visitor
and a prisoner shall be held in a place within the prison wall
within sight of a prison officer and in the presence of one more
Visitor. The Visitor, immediately after such conversation with
a prisoner, shall inform the Chairman of the Board in writing
about what transpired in the conversation with the prisoner.
The Chairman, if he thinks it necessary, shall take up the
matter with the Superintendent of Prison."
5. In view of the aforesaid provisions of Delhi Prison Rules, 2018 it
appears that enough and adequate care has been taken about the constitution
of the Board of Visitors. Functions of the Board of Visitors have also been
clearly defined. In aforesaid Rule 1641, it is categorically mentioned that
who will be the official members/Government servants on the "Board of
Visitors".
Similarly in the aforesaid Rule 1642, it is categorically mentioned that
who will be non-official members/Government servants on the Board of
Visitors.
6. In view of the afore-mentioned provisions, it cannot be said that
independent members are not included in the "Board of Visitors". Enough
care has been taken by the aforesaid rules for constitution of the Board with
official and non-official members. Social workers are also included in the
aforesaid "Board of Visitors" - as non-official members under Rule 1642.
7. We have carefully scrutinized the provisions of Chapter XXIX of the
Delhi Prison Rules, 2018, under the heading "Board of Visitors" and find
that there is no violation of the guidelines issued by the Hon'ble Supreme
Court in Sunil Batra (II) (Supra) as well as in Sanjay Suri case. Hence, we
see no reason to entertain this writ petition. All care can be taken by this
Court in case of violation of any of the rights of the jail inmates in an
individual case being filed. So far as visits are being conducted by the
"Board of Visitors" is concerned, we find that it is also in accordance with
the Delhi Prison Rules, 2018. Surprise visit by "Board of Visitors" is always
permissible looking to the facts and circumstances of the case and emergent
situation.
8. With the aforesaid observations, the writ petition stands disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 28, 2020/ns
