Delhi Prison Rules, 2018 Passed Sans LG Nod, Against Inmates' Interest: Delhi HC Notice To LG, Govt

The Delhi High Court has issued notice to the Lieutenant Governor and the Delhi government on a petition seeking quashing of the Delhi Prison Rules, 2018 for being passed in violation of the laid-down procedure and overlooking the welfare of prisoners.

A bench of Justice Rajendra Menon and Justice Anup J Bhambhani issued notice on the petition moved by Amit Sahni who challenged the Rules for having been passed by the Delhi government under the Delhi Prison Act without the approval of the Lieutenant Governor.

Sahni told the high court that the Rules do not have the approval of the LG, which is mandatory as per the Delhi Prison Act and stressed that even as per Article 239AA of the Constitution, the LG is the administrator of Delhi.

He said in the petition that the Rules also turn a blind eye towards the welfare of inmates and various provisions like premature release etc have been distorted and would, in turn, discourage prisoners to maintain good behaviour to secure premature release.

The petition 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.

The petition also stated that Delhi Prison Rules, 2018 are 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.

The petitioner stated that the Rules overlook the welfare of old aged persons as advised by the Model Prison Manual