HC slams LG, Delhi govt over delay in board of visitors at prisons | Latest News Delhi
New Delhi
The Delhi high court on Tuesday criticised lieutenant governor VK Saxena and chief minister Atishi for their “acrimonious” approach to handling the composition of the board of visitors for the Capital’s prisons, stressing that the court has been struggling with the matter for five years.
“The last 5 years we have been struggling with this, it has gone for too long, we want it to be sorted out. Let the LG office and CM office resolve it, rather than getting into this (in) acrimonious manner. Let them do it administratively,” a bench of chief justice Manmohan and justice Tushar Rao Gedela told advocate Anuj Aggarwal and Bani Dikshit, who appeared for the Delhi government and the LG, respectively.
The court made the remarks a day after Saxena returned a file related to the constitution of the board, taking strong exception to the alleged lack of seriousness and the five-year delay in the process by the government. The Aam Aadmi Party (AAP)-led government, hit back saying the LG should act against the officers who circulated the files without putting them up to the concerned minister.
The high court took up the matter regarding the constitution of the board suo moto after the Supreme Court in 2017 flagged the issue of custodial deaths and other concerns in prisons, while hearing a plea on inhuman conditions prevailing in jails across the country.
On May 28 this year, the high court taking note of the non-constitution of the board, directed the Delhi home secretary to constitute the board by September 11. However, on September 11, the high court directed the state home minister to file an affidavit, specifying the reasons for retention of the file between July 29 and September 9, despite its time bound directions.
During the hearing on Tuesday, Dikshit, appearing for the LG, pointed out that the Delhi government’s counsel had made an incorrect statement regarding the file lying with the LG, and he had only received the file on September 30. She said the LG had sent the file back as there were “discrepancies” in the draft notification.
Dikshit also pointed out that though the law stipulated the appointment of a district judge as a chairman for the board of advisors; the district magistrate was appointed as the chairman.
Taking exception to the appointment, the bench said that there was total non-application of mind. “There is total non-application of mind, there is a difference between district and sessions judge and magistrates. This is not the way to do it. How can it be that there is no distinction between? Even a peon will tell you. We’ve been struggling. Now everyone wants to do a post mortem, but none wants to get a board of visitors appointed,” the bench said.
Advocate Aggarwal submitted that chief minister Atishi has not only issued directions for speedy processing of the file, but also said that the notification of the board of visitors would be prepared by October 8.
Considering the same, the court adjourned the matter for October 15 and sought for the Delhi home secretary’s personal presence in case of non-notification of the board of visitors by October 8.
