The High Court of Delhi has directed a Judicial officer to visit a detention centre here & inspect its alleged 'pathetic' living condition.
A division bench of Justices JR Midha & Brijesh Sethi, in its Nov 9 order, said: "In the peculiar facts & circumstances of this case, the Principal District & Sessions Judge (HQ) is directed to depute a judicial officer to visit the detention centre and inspect the same with respect to the conditions prevailing there."
If the concerned judicial officer finds any shortcomings in the detention centre, immediate steps shall be taken by the concerned authorities to remove the shortcomings within a specified time & the Judicial Officer shall again visit detention centre to verify whether the shortcomings have been removed or not, the Court said directing to file a report in a sealed cover before the next date of hearing on Dec 16, 2020.
Petitioner's Lawyer Ajay Verma said that he be permitted to assist the Judicial Officer. Lawyer for the petitioner is permitted to submit a short note with respect to the grievances of the petitioner to the concerned judicial officer within a period of one week, the Court said.
The bench order came while hearing a habeas corpus plea filed by a woman, seeking the release of her husband, who is alleged to be a Pakistani national, from the Sewa Sadan Deportation Centre Lampur Village Delhi.
Counsel for the petitioner, Advocate Verma, assisted by lawyer Mehak Nakra, pointed towards the pitiable conditions prevailing in the detention centre where the detainees are even deprived of their basic human rights including medical facilities.
The Lawyers submitted that the petitioner has been detained in the detention centre and he has been informed by the petitioner that the condition of the detention centre is very pathetic for want of cleanliness & hygiene; no medical facilities are being provided at the detention centre; the detainees are not permitted to communicate with the family & their counsel & no legal aid is provided to them.
The petitioner's advocate submitted that a judicial officer be directed to visit the detention centre and submit a report to this Court with respect to the condition in the detention centre.
The petitioner's husband was arrested on Dec 13, 2012, & facing trial for years.
On Oct 10, 2016, a Trial Court convicted him under charges of Official Secrets Acts & others & sentenced him 9 years jail. The High Court upheld his conviction under the Official Secrets Act.
After completing his sentence, on April 14, 2020, he was released from jail but sent to Sewa Sadan Deportation Centre Lampur Village in Delhi for the purpose of deportation.
His wife challenged his deportation in the Delhi HC & sought his release.
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