Delhi Govt’s Decision To Cap Number Of Visits By Family Members, Legal Advisers With Prisoners Not Arbitrary: High Court
2 years, 1 month ago

Delhi Govt’s Decision To Cap Number Of Visits By Family Members, Legal Advisers With Prisoners Not Arbitrary: High Court

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The Delhi High Court has said that Delhi Government's decision to restrict the total number of visits by family members, relatives, friends and legal advisers with jail inmates to two times a week, keeping in view the number of undertrials and prisoners, cannot be said to be arbitrary. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the decision has been taken after “careful consideration” of the facilities available in jails, availability of the staff and the number of undertrials. The petitioners’ submitted that fixing a cap on number of visits to an undertrial is manifestly arbitrary as it imposes an unreasonable restriction on the right to legal representation and violates right to access justice. The court added that it expects the government to consider the representation “in the right spirit.” “Depending upon the number of undertrials and prisoners, the State has taken a decision of capping total number of visits by family members, relatives, friends and legal advisers to two times a week and it cannot be said that the said decision is completely arbitrary.

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