The Delhi High Court has directed Tihar Jail authorities to respond to a plea filed by Aam Aadmi Party MP Sanjay Singh, who is challenging the denial of his request to meet Delhi Chief Minister Arvind Kejriwal while Kejriwal is in custody. The court issued this notice on the matter, setting a hearing date for September 9, 2024.
Sanjay Singh, who is a Rajya Sabha member, has claimed that he was unjustly denied permission to visit Kejriwal at Tihar Jail. The denial was reportedly based on Rule 588 of the Delhi Prison Rules, 2018, which was cited by the Superintendent of the jail.
Singh's lawyer, Senior Advocate Rahul Mehra, argued that this denial was arbitrary and lacked proper documentation, which is required under Rule 616 of the same regulations.
The term 'ex-prisoner' used in this context is not defined in either the Delhi Prisons Act, 2000 or the Delhi Prisons Rules, 2018, leading to confusion and alleged misuse of discretion.
Singh’s plea highlights that the repeated denial of his request infringes upon his fundamental rights under Article 21 of the Constitution of India. This article guarantees the right to life, which the petition argues includes the right to meet with family members or friends who are in custody.
The Delhi Prisons Rules, 2018, which are based on the Delhi Prisons Act, 2000, outline the procedures for interviews and correspondence with prisoners.
Singh’s legal team asserts that the enabling Act does not prohibit 'ex-prisoners' from meeting current prisoners and that the rules cannot impose unreasonable restrictions beyond the scope of the Act. Singh has also expressed willingness to adhere to all prison rules during the proposed visit, yet his requests have been repeatedly denied.
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