Delhi Prison Rules-2018 Passed Sans LG Nod, Against Interest Of Inmates & Jail Cadre, Advocate Petitions Delhi HC

An advocate moved the Delhi High Court on Wednesday praying that the Delhi Prison Rules, 2018 be struck down for having been passed by the Delhi government without the approval of the Lieutenant Governor.

Advocate Amit Sahni has challenged the Delhi Prison Rules (DPR) 2018, passed by the Delhi government under the Delhi Prison Act.

He said the rules do not have the approval of the LG, which is mandatory as per the Delhi Prison Act. He stressed that even as per Article 239AA of the Constitution, the LG is the administrator of Delhi.

"Unlike previous rules, neither the beginning lines of DPR, 2018 mention about any approval sought from the Hon'ble LG (Respondent No.2) nor does it refer to anything that the Rules shall become operative after notifications to be issued by the Hon'ble LG," he said.

The petition came up today before a bench of Justice Siddharth Mridul and Justice Manoj Kumar Ohri.

The bench, however, ordered that since the petition is in the nature of a PIL, it be listed before the appropriate bench.

"A perusal of the averments made in the writ petition clearly reflect that the same is in the nature of a PIL.

"In view of the foregoing, list this matter before the appropriate bench according to the Roster, for direction on April 2 subject to and after obtaining necessary orders of the Hon'ble Chief Justice," ordered the bench.

Sahni said the LG had in 2004 constituted a Sentence Review Board (SRB) on the recommendations of the National Human Rights Commission, which was in receipt of representations by many inmates from across the country seeking review of their life terms and premature release.

The SRB had in July 2004 passed eligibility for premature release and announced that the total period of incarceration should not exceed 20-25 years depending upon the crime for which the accused stands convicted.

"Delhi Prison Rules, 2018 in as much as Premature release has not been appropriately prepared especially in view of Rule 1189 by doing away with the outer limit of 20/25 years in two categories as suggested by NHRC in 2003 and incorporated in SRB Order 16-07-2004.

"…the aforesaid act of the respondent no.1 in removing the outer limit of incarceration would discourage the inmates to maintain good conduct during incarceration and further the same would give unlimited power to SRB to keep someone in custody as per whims and fancies of SRB," he said.

Besides, Sahni claimed that Delhi Prison Rules 2018 were prepared by officers other than the jail cadre and, therefore, the welfare of jail cadre officers have been overlooked and the percentage of jail cadre officers as advised by the DOPT Guidelines and Model Prison Manual have also been overlooked.

That is not all, as Sahni added that the rules "totally overlooked the welfare of Old Aged Persons as advised by the Model Prison Manual"