Delhi High Court Orders The Inspection Of A Detention Centre's Living Conditions By A Judicial Officer

The Bench of Justice J. R. Midha and Justice Brijesh Sethi was hearing the plea of one Ruma Bibi, whose husband (alleged to be a Pakistani national) has been kept in a detention centre [Sewa Sadan Deportation Centre Narela Lampur Village, Delhi] after he completed his jail sentence.

Plea of the Petitioner

It has been alleged in the plea moved through Advocates Ajay Verma and Mehak Nakra that the husband of the petitioner is presently detained in the detention centre, and the condition of the Centre is very pathetic for want of cleanliness and hygiene and no medical facilities are being provided to the detainees there.

It was also submitted before the Court that the detainees are not permitted to communicate with their families and their counsels, and no legal aid is being provided to them.

In the plea, it has further been stated that the Petitioner, along with her husband and two children used to live at Kolkata and in the year 2012, her husband was arrested from the New Delhi Railway Station and was booked under the Official Secrets Act and the Foreigner's Act.

Further, he was convicted and sentenced by a trial court and after the completion of his sentence in April 2020, he was released from jail was sent to 'Sewa Sadan Deportation Centre in Narela Lampur Village, Delhi' for the purpose of deportation.

In the plea it has also been submitted that a representation was filed with the concerned authorities that the husband of the petitioner be released as his detention is illegal, but the concerned authorities did not pay heed to the representation.

Lastly, it was submitted that a Judicial Officer be directed to visit the detention centre and submit a report to the High Court with respect to the condition in the detention centre.

Court's order

The Bench, in its order said,

"In the peculiar facts and circumstances of this case, the Principal District & Sessions Judge (HQs.) is directed to depute a Judicial Officer to visit the detention centre and inspect the same with respect to the conditions prevailing there."

Further, the Court directed,

"If the concerned Judicial Officer finds any shortcomings in the detention centre, the immediate steps shall be taken by the concerned authorities to remove the shortcomings within a specified time and the Judicial Officer shall again visit detention centre to verify whether the shortcomings have been removed or not. The report be submitted to this Court in a sealed cover before the next date of hearing."

Case title – Ruma Bibi v. State and ors. [W.P.(CRL) 902/2020]

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