The Delhi Government recently informed the Delhi High Court comprising of a bench of Justice Najmi Waziri that all the 16 jails in the national capital have assistance of law officers. (Amit Sahni V. Mr. Satya Gopal & Anr)
Facts of the case
The contempt plea was filed by Advocate Amit Sahni, concerning the wilful disobedience of a division bench order, requiring the Delhi Government to appoint Law Officers in each Jail, within 12 weeks.
There are 16 jails in the state -- nine at the Tihar prison complex, one at the Rohini prison complex and six at the Mandoli prison complex.
Sahni(Petitioner) highlighted that appointment of Law officers is expedient for various reasons, inter alia, for ensuring that each convict gets timely Fee Legal Aid in an appropriate manner, without fail.
Further, they are responsible to supervise and follow up all legal matters; for drafting and filing replies/response to court matters; co-ordination with the branches of department for compliance of directions from courts; conduct research on Legal issues pertaining to Jail and prisoners.
Contention of the Parties
The leaned ASC for GNCTD, who appeared on service of the advance notice, stated that 14 Law Officers have already been appointed and are expected to be at their respective jails on daily basis. Two of the fourteen appointees are handling dual charge. One officer is looking after two jails i.e. Jail Nos.16 and 14 and the other officer is looking after Jail Nos.11 and 15. In effect, all jails have the assistance of Law.
Courts Observation & Judgment
The bench taking note of the facts of the case and contention of the parties remarked, “In view of the above, at joint request renotify on 15.12.2021.”
According to the contempt petition, Respondents are duty bound to comply with the provisions of the Delhi Prison Act, 2000 as being in charge of the Jail Affairs in the National Capital.
Section 6 of Delhi Prison Act, 2000 mandates that there shall be a Law Officer for every Jail. Apart from the same, it further mandates that there shall be a Superintendent, Dy. Superintendent, a Medical Officer and a Welfare Officer for every jail.
"That it is further worthwhile to mention that the compliance of above-referred Section is done by the respondents in all respect except appointing Law Officer for every Jail. It is relevant to mention that from August 2016 to February 2019, there was no Law Officer in Prison Headquarter and that the legal affairs used to be dealt by an officer equivalent to the rank of Dy. Superintendent. Further, at present there is only one Law Officer for all Jails, who is having office at Prison Headquarters, Tihar, New Delhi. The Only Law Officer of Tihar Jail is on deputation," the plea read.
Read Order;
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(With input from news agency language)
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