High Court Seeks Delhi Home Minister's Personal Affidavit Over Non-Compliance Of Order For Constituting 'Board Of Visitors' For Central Jails

It also directed the Home Secretary of Government of National Capital Territory of Delhi (GNCTD) to appear before the Court on next hearing.

“The Home Minster of Delhi government shall file a personal affidavit explaining as to why the court order has not been complied with. It is important to mention that the present matter has been taken in pursuance of the directive issued by the Supreme Court of India. Before this Court comments further on the role of GNCTD, we would like to peruse the affidavit filed by the Home Ministry. Let the said affidavit be filed within a week. The Home Secretary, GNCTD shall be personally present in the court on the next date of hearing.”

The High Court on 28 May, 2024, noted that the Board of Visitors for 16 Central Jails had not been constituted for a very long time and had directed the Home Secretary, GNCTD to constitute the Board of Visitors for the jails.

A division bench of the Acting Chief Justice Manmohan and Justice Tushar Rao Gedela today expressed its displeasure that the Board of Visitors have not been appointed to date and noted that the file which contained recommendations of the names of Board of Visitors was lying with the GNCTD from 23 July to 09 September 2024.

This was a suo moto case taken up by the High Court in view of the order of the Supreme Court in Re-Inhuman Conditions in 1382 Prisons on 15 September, 2017, where the Apex Court had issued guidelines for prison reforms in the country.

The Court posted the matter for further hearing after 2 weeks.

Case title: Court On Its Own Motion vs. Ministry Of Home Affairs And Ors. (W.P.(C) 8580/2017 & CM APPL.35597-35598/2019)