Delhi High Court Rejects AAP MP's Plea To Meet Chief Minister Arvind Kejriwal In Jail

The Delhi High Court has upheld an order denying permission to AAP Rajya Sabha Member Sandeep Kumar Pathak to meet Chief Minister Arvind Kejriwal in jail.

Justice Neena Bansal Krishna said that Pathak is at liberty to move an Application seeking visitation which shall be considered by the concerned Jail Superintendent, in accordance with law.

The court disposed of Pathak's plea seeking directions upon the jail authorities to allow him to meet Kejriwal in Tihar Jail. The Chief Minister has been in judicial custody in connection with the alleged liquor policy scam case.

Pathak was allowed to meet Kejriwal in April. The jail authorities contended that pursuant to his meeting, Pathak made certain statements in the media which were in violation of Prison Rules.

Accordingly, as per the jail authorities, Pathak was denied permission to meet Kejriwal. They claimed that had there been any bias against Pathak, he would not have been allowed meeting on two previous occasions.

Justice Krishna observed that the statements would show that they were political statements made on behalf Kejriwal, who though being the Chief Minister of Delhi, is confined to jail precinct and is himself unable to address the public or make such statements.

“One cannot overlook that while a person in jail, his certain Rights do get suspended/curtailed in order to maintain the discipline in jail. It becomes imperative that the jail inmates during their physical meetings with the visitors do not create an atmosphere which may hamper the prison administration or result in political statements which have large ramifications on general public and may also impact the atmosphere inside the jail,” the court said.

It added that so long as a person is confined to jail, he has to abide by the prison rules as such conditions on his right to interact in regard to politics or Jail Administration are evidently to preserve and maintain a proper atmosphere in the jail premises and to control and regulate the conduct of the inmates.

“There is not an iota of doubt that the statements made by the petitioner were political, for and on behalf of Shri Arvind Kejriwal and were clearly violative of Rule 587 of DPR, 2018,” the court said.

Furthermore, Justice Krishna also said that restricting the right of the visitor to have political conversations or about the Jail Administration is intended to maintain proper discipline.

“The petitioner had made the statements for and on behalf of Shri Arvind Kejirwal and he was more like in an agent or spokesperson and his statements cannot be held to have been made by him in exercise of free right to speech and expression or violative of reasonable restrictions imposed by DPR. He is seeking right of physical interview in terms of DPR and must therefore, exercise it in accordance thereof. He cannot on one hand seek right to physical interview according to Rule 589 DPR and on the other hand not abide by the conditions contained therein. Privilege conferred by the Rule would be implemented in its full rigor; the petitioner cannot seek its selective adherence, as per his convenience,” the court said.

Title: SANDEEP KUMAR PATHAK v. THE SUPERINTENDENT CENTRAL JAIL NO 2 & ANR

Citation: 2024 LiveLaw (Del) 975

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