Delhi High Court Upholds Restriction On MCOCA Inmates To Meet Family Members Only

The Delhi High Court has upheld the restriction put by the prison authorities on the inmates booked under Maharashtra Control of Organized Crime Act, 1999, to meet only their family members and no one else.

This was after prison authorities submitted that they are authorized to separate high-risk prisoners or prisoners perceived as security threats, and lodge them in high security wards. 

A division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula upheld the decision of the Director General of Prisons dated January 15, 2019, restricting the visits of such inmates to only their family members.

“In the considered opinion of this Court, keeping in view the averments made by Respondents on affidavit that high security prisoners are being permitted to meet their family members in accordance with law, no reason is made out to interfere with order dated 15th January, 2019,” the court said.

It disposed of a public interest litigation moved by various undertrial prisoners charged with offences punishable under the Maharashtra Control of Organized Crime Act, 1999, challenging the prison authorities’ decision.

It was their case that the impugned decision arbitrarily restricted the rights of such inmates to meet persons other than their family members, including their pairokars, who handle the legal proceedings.

They also submitted that such a restriction was levied only on prisoners facing charges under MCOCA, 1999, and not those imprisoned for other offences.

On the other hand, the prison authorities in their counter affidavit submitted that the impugned order wss in compliance with Rule 1410 of the Delhi Prison Rules, 2018, which permits only the blood relations, spouse, and authorized lawyers to conduct interviews with high- risk offenders.

The affidavit also stated that at present, 250 prisoners have been incarcerated in such wards.

While disposing of the petition, the court noted that all the prisoners, including high-risk prisoners, are permitted to meet their family members and provision for legal aid to them has also been made.

“The Respondents shall continue to abide by the extant laws/ regulations as well as directions periodically issued by the Hon’ble Supreme Court in this regard. With the aforesaid, the PIL stands disposed of,” the court said.