Delhi High Court
Ajit P. Singh vs State Of Nct Of Delhi on 7 July, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.07.2020
+ W.P.(C) No.3520/2020
AJIT P. SINGH ..... Petitioner
Through: Mr. Luv Kumar Aggarwal, Ms. Usha
Garg, Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Satyakam, ASC for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
1. Proceedings of the matter have been conducted through video
conferencing.
2. This writ petition has been preferred with the following prayers:
"a) Appropriate Writ, Order or direction for quashing
the circular dated 25.03.2020 bearing No. F-
10(3598848)/CJ/LegaI/2020/20016 issued by Office of
the Director General(prisons), Delhi and the circular in
continuation thereof.
b) Appropriate Writ, Order or direction to the
Respondent to allow the legal interview/legal
consultation/legal advice/drafting of cases of the Jail
Inmates in Delhi with the advocates of their choices.
c) Appropriate Writ, order or direction for the proper
and suitable actions against the negligent officers of the
respondents.
d) Any other appropriate writ, order or direction
which this Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case be also
passed in favour of the petitioner."
3. Having heard the counsel for both the sides and looking to the facts
and circumstances of the case, it appears that the Circular dated 25.03.2020
issued by the DG (Prisons) is under challenge in this writ petition. For ready
reference, the said circular is reproduced herein:
OFFICE OF THE DIRECTOR GENERAL (PRISONS)
PRISON HEADQUARTERS: TIHAR
JANAK PURI: NEW DELHI
No.F-10(3598848)/CJ/Legal/2020/20016
Date:25/03/2020
CIRCULAR
Subject: Suspension of Legal Interviews
In view of prevailing situation due to pandemic COVID-
19-Corona Virus, it has been decided by the Competent
Authority to suspend Legal Interviews with the prisoners
lodged in all the jails of Delhi Prisons in order to prevent
the spread of this virus among the inmates, till
14/04/2020.
The bail applications/interim bail applications of
concerned prisoners may be got drafted by the jail
visiting Counsels of Delhi State Legal Services Authority
which may be further forwarded to the concerned courts,
through Jail Section DSLSA.
Sd/-
25/3/2020
Addl. Inspector General of Prisons
Delhi Prisons"
4. Looking to the aforesaid circular, it appears that due to prevailing
pandemic Covid-19 situation, the competent authority of Delhi Prisons had
suspended the legal interviews with the prisoners lodged in all the jails of
Delhi. Learned counsel for the respondent submitted that a fresh Circular
has been issued dated 06.07.2020. Therefore, now the earlier Circular dated
25.03.2020 is inapplicable.
5. By virtue of the new circular dated 06.07.2020, now the facility of
legal interviews is available via video conferencing to all the prisoners
lodged in all the jails of Delhi Prisons. It further appears from the facts of
the case that half an hour time for legal interview has been allowed, a
maximum of two times a week. The link for the video conferencing is to be
sent by email to the concerned advocate by jail authorities. The legal
interviews between the counsel/ advocate/lawyer and the inmate will take
place in the presence of the Jail Superintendent but the Jail Superintendent
will be out of hearing range, in order to maintain privileged communication.
6. The prevailing situation of Covid-19 pandemic is such a situation
which has never been envisaged and hence, to ensure the safety of jail
inmates, such type of restrictions had been imposed. Nonetheless, we
appreciate the stand taken by the respondent Government authorities in
providing the video conferencing facility whereby the legal interviews have
been allowed.
7. Looking to the provisions of Circular dated 06.07.2020, at this stage,
we are not inclined to give any further directions to the Respondents.
Nonetheless, as stated by us in our order dated 07.07.2020 passed in
W.P.(C) No. 3778/2020, the respondent authorities will also consider the
suggestions of the petitioner in future if any amendment is required in the
Circular dated 06.07.2020 for making the same more user friendly. It ought
to be kept in mind that Government should also be given some movement in
joints.
8. With these observations, the writ petition is disposed of with liberty to
the petitioner to move this Court by way of a fresh petition with appropriate
averments, allegations and annexures, if the need arises.
CHIEF JUSTICE
PRATEEK JALAN, J
JULY 07, 2020
pk
