'There Is No End To These Demands': Delhi High Court In Plea To Enhance Mulaqaat Days Of Prison Inmates

The Delhi High Court today expressed its unwillingness to increase the time given to inmates in Delhi prisons, to meet and consult their lawyers/ family members. Presently, the Delhi Prison Rules of 2018 restricts mulaqaat to two meetings a week.

"There is no end of all these demands," remarked Chief Justice DN Patel.

The Bench also comprising of Justice Jyoti Singh was hearing a PIL filed by Advocate Jai Anant Dehadrai. He has challenged Rule 585 of the Delhi Prison Rules. Notice was issued on the plea in February this year.

Rule 585 provides that every prisoner shall be allowed to have interviews with his family members, relatives, friends and legal advisers twice in a week.

The plea averred that the impugned Rule curtails the right of prisoners to strategize the course of action and effectively prepare their legal defence by meeting their lawyers whenever required. It added that this is a direct violation of the right to access to justice guaranteed under Article 21 of the Constitution.

The Bench was however of the opinion that the present stipulation is sufficient.

"In jail, there is bound to be some restrictions. If everything is available, what is the difference in jail and in outside world? Why go to jail? You sit in your room only...The purpose is to cut you off from the society," the CJ observed orally.

It added that if the present demand is allowed, then later someone will come seeking 7-15 mulaqaats per week.

At this juncture, the petitioner appearing in person pointed out that restricting convicts may be justifiable. However, he claimed that 82% inmates housed in Tihar Jail are under trial prisoners, who need to consult their lawyers frequently. 

Thereafter, the Bench adjourned the matter to 11th January, 2022. Meanwhile, the Respondents have been asked to file their replies in the matter.

Case Title: Jai Anant Dehadrai v. GNCTD