Delhi High Court
Sarthak Maggon vs Union Of India & Anr. on 7 July, 2020
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.07.2020
+ W.P.(C) 3778/2020, CM Nos.13518-19/2020
SARTHAK MAGGON ..... Petitioner
Through: Mr. Vikas Pahwa, Sr. Advocate with
Mr. Arvind Nayar, Adv. along with the petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Vikas Mahajan, CGSC with
Mr.Jatin Puniyani, GP for R1
Mr. Satyakam, ASC for R2 to R6
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 Public Interest Litigation has been preferred with the following
prayers:
"A. Issue a writ of Mandamus quashing the order
dated 25.03.2020 bearing no. F-10(3598848)/
CJ/Legal/2020/20016 being in direct contravention to the
rights of the prisoners for access to justice and legal
representation enshrined under Art. 21 of the
Constitution of India.
B. Issue directions to the Respondents to put in place
appropriate infrastructure for the registration through
appointment of advocates for the purpose of legal
mulakat either telephonically or through video
conference.
C. Direct the Respondents to formulate a Committee
under the aegis of Respondent No.2 and Respondent No.
3 to consider the suggestions of the Petitioner and
formulate an electronic platform for streamlining the
legal mulakat process as well as the process for meeting
with friends, family etc and to ensure adequate access to
justice.
D. Pass any other writ/order/direction as this Hon'ble
Court may deem necessary in the administration of
justice."
3. Having heard the counsel for both the sides and looking to the facts
and circumstances of the case, it appears that now the respondents have
issued a Circular dated 06.07.2020, whereby video conferencing facility has
been extended to all the prisoners. The Circular dated 06.07.2020 points out
in detail about the following:
Slots available for the video conferencing.
The timing of the video conferencing, i.e. 30 minutes, maximum of
two times a week.
Applications received through private counsels are being considered
by Jail Superintendents.
The legal interviews can be held in the presence of Jail
Superintendents, however, the Jail Superintendents will be out of
hearing range. Thus, the privileged conversation between the
counsel/advocate and the jail inmates will be maintained.
Link for video conferencing will be sent via email through which
advocate can establish link for video conferencing.
4. Looking to the provisions of the Circular dated 06.07.2020, at this
stage, we are not inclined to give any further directions to the Respondents.
Nonetheless, the suggestions given by the petitioner today will also be
considered by the Respondents in future if any amendment is required in the
aforesaid Circular dated 06.07.2020 for making the same more user-friendly.
5. With these observations, this writ petition is disposed of, granting
liberty to the petitioner to move this Court again in case of any difficulty.
CHIEF JUSTICE
PRATEEK JALAN, J
JULY 07, 2020
pk
