Delhi HC asks DG Prisons to examine facilities for lawyers visiting jails
New Delhi, August 12
The Delhi High Court on Wednesday directed the Director General of Prisons to examine the issues raised in a petition concerning infrastructure and basic facilities available to advocates visiting Delhi's prison complexes for legal meetings with inmates.
A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked the DG Prisons to take stock of the situation and take an appropriate decision in accordance with the law.
The court was hearing a public interest petition filed by advocate Rishav Kumar, who has sought improved facilities for lawyers required to visit prisons to conduct legal interviews with inmates.
The petition has been filed through advocates Mohd Suza Faisal and Mohd Kashif. It seeks, among other measures, proper waiting areas, clean drinking water, hygienic washrooms, designated legal interview rooms, parking facilities, and internal transportation within prison complexes.
The plea states that advocates frequently visit prisons to meet inmates, obtain signatures on Vakalatnamas, affidavits, and other legal documents, and assist in matters including bail applications, appeals, and writ petitions. It has alleged that inadequate facilities and, in some instances, the need for repeated visits can cause inconvenience and delay in providing legal assistance.
The petitioner has also sought a mechanism to facilitate same-day legal interviews after execution of a Vakalatnama, subject to applicable security requirements. It has further sought battery-operated vehicles or shuttle services for the movement of advocates within large prison complexes.
The plea relies on the Delhi Prison Rules, 2018, and Articles 14, 21, and 22 of the Constitution, contending that meaningful access to justice requires timely and effective communication between incarcerated persons and their advocates.
The petitioner has also sought formulation of a Standard Operating Procedure for ensuring courteous and professional treatment of advocates by prison officials while maintaining prison security and discipline.
The court's direction came as the bench asked the DG Prisons to consider the issues and take such action as may be warranted in law.
— ANI
Reader Comments
It's high time the system wakes up. Our lawyers are the ones fighting for justice for undertrials and they get treated like this? Basic facilities like clean drinking water and hygiene should be a given, not a luxury. 🙏
Good step by the court. But I wonder how long DG Prisons will take to "examine" this. We have seen these orders before—the trap of bureaucracy. Hope it doesn't get lost in red-tapism. Same-day interviews after vakalatnama is also critical for speedier justice.
As someone whose family member was in jail for 2 years, I know how hard it is to get a lawyer to meet you. The whole process is dehumanising—for the inmate and the advocate. Proper interview rooms with basic dignity is not too much to ask. Article 21 is meaningless if you can't talk to your lawyer properly.
Interesting to see the Delhi HC focusing on this. In Canada, we have dedicated legal interview rooms and shuttle services within prisons for lawyers. It should be standard practice. The lack of infrastructure there must be making it very difficult for advocates to do their jobs properly.
A reasonable PIL, but let me play devil's advocate—prisons have bigger problems than lawyer comfort. Overcrowding, staff shortages, lack of medical facilities. But yes, access to legal counsel is fundamental, so if this leads to better infrastructure overall, I'm all for it. Just hope the DG doesn't take years to act.
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