Tihar justifies its move to bar MP from meeting Delhi CM, points to rules
Rule 588 of the Delhi Prison Rules bars ex-prisoners and habitual offenders from meeting their friends lodged in prison
Tihar Jail Superintendent has justified before the Delhi high court its decision of refusing to permit Aam Aadmi Party (AAP) leader Sanjay Singh to meet chief minister Arvind Kejriwal in jail on the ground that he is an “ex-prisoner”, saying that the Delhi Prison Rules bar ex-prisoners and habitual offenders from meeting their friends lodged in prison.
Rule 588 of the Delhi Prison Rules bars ex-prisoners and habitual offenders from meeting their friends lodged in prison, until and unless there exists a reasonable ground for such interview. Singh is currently out on bail in connection with the alleged irregularities in the Delhi excise policy 2021-22, the same case in which Kejriwal is currently lodged in jail.
The court was hearing a plea by Singh, who sought quashing of the jail superintendent’s action of refusing him from meeting Kejriwal on two consecutive occasions on the ground that the MP is an “ex-prisoner”.
In its affidavit filed on Saturday, the Tihar superintendent said the decision could not be called “unjust” or “arbitrary” as Kejriwal, after being remanded to judicial custody in April, had submitted an application before jail authorities, requesting to add the name of eight family members including Singh, the authorities even at the “initial stage itself” had not acceded to the CM’s request, citing rule 588.
The facility of interview, the prison authorities argued, is in the nature of privilege rather than a right, and is subject to the regulations by the Jail authorities in accordance with Delhi Prison Rules, 2018.
“The decision taken by the respondent cannot be called unjust or arbitrary. The respondent had not approved the request of UTP (under trial prisoner) Arvind Kejriwal for inclusion of the name of Sh Sanjay Singh among the list of visitors prior to the request made by the petitioner to visit UTP Arvind Kejriwal,” the four-page affidavit stated.
“The facility of interview is in the nature of privilege rather than a right and is subject to the regulations by the Jail authorities in accordance with Delhi Prison Rules, 2018. It may be mentioned here that the Delhi Prison Rules are enacted for effective and efficient administration of prisons. The Prison discipline and administration requires stringent and scrupulous adherence to the rules to maintain order and discipline in the prisons,” it added.
The matter was adjourned for further hearing on September 24.
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