New Delhi, Jan 9: The Supreme Court upheld the Delhi High Court’s order, affirming the decision to cap the number of visits by prisoners’ families, friends, and legal advisers to twice a week. A bench of Justices Bela M Trivedi and Pankaj Mithal stated that they were not inclined to interfere with the high court’s order, recognizing it as a policy decision.
The Delhi High Court, in its February 16, 2022, order, justified the visitation limits by considering the facilities available in prisons, staff availability, and the number of undertrials. The high court emphasized that in matters of policy, the courts do not substitute their conclusions for the government’s decisions unless they find them to be completely arbitrary.
The high court’s ruling came in response to a petition challenging certain provisions of the Delhi Prison Rules, 2018, filed by advocate Jai Anant Dehadrai. The petitioner sought amendments to the rules to allow interviews with legal advisers on weekdays for an allocated time with no cap on the number of interviews per week. While the high court disposed of the petition, it permitted the petitioner to submit suggestions to the state.
The petitioner argued that limiting visits to twice a week violates Article 21 of the Constitution, restricting the undertrial’s right to adequate legal representation. It further contended that the cap on visits is manifestly arbitrary, violating the right to access justice guaranteed under Article 14 of the Constitution.
In response, the Delhi government highlighted the overcrowded conditions in the 16 jails in Delhi, accommodating over 18,000 prisoners against the sanctioned capacity of 10,026. The government defended the visitation cap, stating that it was a decision made after careful consideration of prison facilities, staff availability, and the number of undertrials. The government asserted that allowing two legal interviews, with the possibility of an increase upon request, does not violate prisoners’ constitutional rights.
