Delhi High Court Orders Action On Plea Seeking Basic Facilities For Lawyers Visiting Clients In Jails

The Delhi High Court on Wednesday asked the Director General of Prisons to decide and take action on a plea seeking adequate infrastructure and basic amenities for advocates visiting prison complexes for conducting legal interviews with inmates.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia directed the DG Prisons to take stock of the situation and take an appropriate decision as warranted in law.

The Court was dealing with a plea filed by lawyer Risha V Kumar, contending that meaningful access to justice under Articles 14, 21 and 22 of Constitution of India cannot be ensured unless advocates are provided reasonable facilities to meet their clients inside prisons.

The plea has been filed through Advocate Mohd Suza Faizal.

Kumar alleged that advocates visiting Delhi prisons face several difficulties, including absence of clean drinking water, proper waiting areas, hygienic washrooms, designated advocate lounges, parking facilities and internal transportation.

At the outset, the Court asked the petitioner if he has represented his cause to the prison authorities, to which the counsel replied in negative.

The Bench remarked that before any mandamus can be issued, the petitioner ought to have approached the authorities first.

Accordingly, the Court permitted Kumar to make a detailed representation to DG Prisons, setting out the grievances raised by him in the PIL, within a fortnight from today.

It also directed the DG Prisons to attend to such a representation appropriately, take stock of the situation and to take an appropriate decision as per law.

“If any such decision or action is to be taken on the prayers made in the representation, the same shall be taken in all the prisons in Delhi,” the Court said.

It directed the DG Prisons to take the said decision within a period of six weeks of receiving the representation.

Further, the Court noted that a coordinate bench had earlier passed an order directing the DG Prisons to take the decision in respect of grievances faced by lawyers visiting jails.

It said that the authorities must strictly follow judicial orders passed with expedition, and within the timeframe as directed. The plea was accordingly disposed of.

Kumar specifically raised a grievance regarding legal interviews allegedly being conducted through the “Mulakat Jangla” system.

According to the petition, advocates and inmates are separated by a glass partition and required to communicate through a telephone or intercom, with the audio allegedly being frequently unclear or inaudible.

Kumar contended that such system makes it difficult to discuss confidential case strategy, obtain instructions and effectively prepare legal proceedings.

Kumar further alleged that there is no efficient, transparent and time-bound mechanism for scheduling legal interviews, resulting in prolonged waiting periods.

The plea also highlighted absence of separate hygienic washrooms for women advocates, covered waiting areas, adequate seating and protection from extreme weather conditions.

The petition sought that legal interviews be conducted strictly in accordance with the Delhi Prison Rules, 2018, in designated legal interview rooms rather than through the Mulakat Jangla system, except where legally permitted or necessitated by exceptional circumstances.

It also sought that lawyers be permitted to conduct legal interviews on the same day on which an inmate executes a Vakalatnama, subject to security requirements.

Title: RISHAV KUMAR v. GOVT. OF NCT DELHI & ORS