Court on Its Own Motion v. Govt of NCT of Delhi & Ors.

1. This writ petition has been initiated by this Court on its own motion on the basis of the report given by the Jail Inspecting Judge for Tihar Jail.

2. The said report was forwarded with a letter dated 13.09.2018 and the following items were found in the D-Block, High Security Ward No.7, Tihar Jail:- “i. 32" LED TV. ii. Coconut Water bottle 2 pkt pcs. iii. Five crate of Aquafina mineral water. iv. Two rubber sleeping mattresses covered with the bed sheet whereas other barracks inmates have not been provided the same. v. Wall fan. vi. Three jars of pickle. 2019:DHC:6743-DB vii. Mustard oil three bottles. viii. Three stools ix. Eight bags containing clothes.

X. Two wall clocks. xi. Two foot mat.”

3. The learned counsel appearing for the respondents submitted that in pursuance to the orders dated 30.10.2017 and 20.11.2017 passed by Hon’ble the Supreme Court in Special Leave Petition (Crl.) Nos.5978/2017 & 5979/2017, special facilities like internet and video conferencing were made available to the accused Mr.Ajay Chandra and Mr.Sanjay Chandra who were otherwise businessmen so that they could have video conferencing with the prospective buyers and thus, reduce their financial liabilities later on. A detailed report has been filed by the respondents in this regard.

4. The learned counsel appearing for the respondents submitted that the items mentioned in the report of the Jail Inspecting Judge, are provided to any accused in accordance with the Jail Prisons Rules, 2018 and in view of the circulars issued by the respondents and office memorandum issued from time to time. Learned counsel further submits that there are as many as 495 LED TV sets and 800 TVs which have been installed in such similar cells in the Tihar Jail. It is further submitted by counsel for the respondents that bottles of coconut water and crates of mineral water etc. are available in the jail canteens and the jail inmates are permitted to purchase such items available in the canteen with a cap of Rs.6500/- per month. Out of this amount, permissible items in the jail canteens can be purchased with certain restrictions. Moreover, ceiling fans etc. are also installed in the Tihar Jail.

5. The learned counsel appearing for the respondents submitted that the additional facilities which were granted to the accused vide orders of the Hon'ble Supreme Court as stated hereinabove stand revoked in light of the order dated 09.05.2019 passed by the Hon'ble Supreme Court. Now, they are not entitled to avail any additional facilities apart from those which are available in the normal course to the prisoners in terms of the Jail Manual prepared in accordance with the Jail Prisons Rules, 2018.

6. In view of the above submissions and looking to the facts that the items mentioned hereinabove in the report of the Jail Inspecting Judge are prima facie found in accordance with law, rules, regulations and Government policies, thus, we see no reason to further monitor this case. Nevertheless, we hereby direct the respondents to provide the jail inmates all permissible items in accordance with law, regulations, Government policies and especially in accordance with the Delhi Prisons Rules, 2018 and ensure that no extra items are required to be provided to any of the jail inmates.

7. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. DECEMBER 06, 2019