New Delhi [India], September 4 (ANI): Aam Aadmi Party MP Sanjay Singh has approached the Delhi High Court, alleging that he was denied permission to meet Delhi Chief Minister Arvind Kejriwal in Tihar Jail by the authorities.
The bench of Justice Neena Bansal Krishna issued notice to Tihat Jail Authorities and directed them to file a response and set the matter for hearing on September 9, 2024.
Appearing for Sanjay Singh, Senior Advocate Rahul Mehra submitted that The concerned Superintendent arbitrarily and unreasonably denied two consecutive permissions sought by Sanjay Singh by merely citing Rule 588 of the Delhi Prison Rules, 2018 and stating that he is an ‘ex-prisoner’.
No reasons in writing were provided for the refusal and Rule 616 makes it mandatory for the reasons to be recorded. The term ‘Ex-Prisoner’ has not been defined in either the Delhi Prisons Act, 2000 or the Delhi Prisons Rules, 2018. Even under Rule 588, the discretion vested in the Superintendent must not be exercised justly not arbitrarily and in keeping with the laws of natural justice and the larger scheme of the Act, stated the plea.
The Petitioner is a sitting Member of Parliament in the Rajya Sabha. He is an upstanding member of the community, a staunch nationalist and also a member of the Aam Aadmi Party.
Singh through plea stated that repeated denials of the right of interview of the Petitioner are violative of his fundamental rights enshrined under Article 21 of the Constitution of India as the fundamental ‘Right to Life’ also takes within its purview the right to meet their family members /friends who are in custody in jail.
The Delhi Prisons Rules 2018 have been framed by way of delegated legislation under Section 71 of the Delhi Prisons Act, 2000. The Delhi Prisons Act,2000 under Chapter IX deals with interviews and letters.
The Enabling Parent Act, i.e., the Delhi Prisons Act, 2000 is silent and does not create any embargo on the rights of ‘ex-prisoners’ to meet other prisoners, or rather even define the term ‘ex-prisoner’ and create a separate category for them, the Rules framed under the said Act cannot exceed the scope of their derived powers under Section 71 of the Delhi Prisons Act, 2000 to create such an arbitrary and unreasonable restriction.
The plea further stated that Sanjay Singh, in both emails dated June 4, 2024, and June 6, 2024, has also explicitly undertaken to comply with all the prison rules during his physical interview with Arvind Kejriwal and has been denied visitation despite such undertakings. (ANI)
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