Delhi High Court Orders Quick Resolution on Inadequate Lawyer Facilities in Jails

The Delhi High Court has directed the Director General (Prisons) to promptly address a plea concerning the inadequate facilities available to lawyers visiting clients in jail, aiming for a resolution within four weeks. This direction came as part of the court’s response to a petition highlighting the poor conditions that lawyers face, particularly at the Tihar Jail.

Chief Justice Manmohan and Justice Tushar Rao Gedela heard the petition filed by Shyam Sunder Aggarwal, which demanded improved amenities for lawyers interacting with undertrials and convicts. Aggarwal’s representation pointed to a severe lack of basic necessities such as clean drinking water, adequate waiting areas, toilets, and parking at the Tihar Jail complex.

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During the proceedings, the court criticized the Delhi government’s inaction and apparent policy of non-spending. “They collect no taxes, they spend no taxes. Their policy is simple, we collect nothing, we spend nothing,” the bench commented.

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The government’s counsel, Santosh Kumar Tripathi, reported on his visit to the jail, noting the government’s agreement to increase the jail’s capacity to accommodate 20,000 inmates, up from the current capacity of 7,000 to 8,000. However, plans to enhance facilities have been put on hold, and a cost audit was suggested to establish an appropriate budget for these upgrades.

The bench expressed skepticism about the execution of these plans, emphasizing the need for concrete action. “We don’t doubt your intent but it must be implemented on the ground level. The problem is that there is no plan and nothing gets implemented. There has to be a sanction plan, which is still not there,” the justices remarked.

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Aggarwal described the difficult conditions for lawyers, including long waits in extreme weather without access to basic amenities. Despite reaching out to both the Bar Council of India and the Bar Council of Delhi, he found little support for his concerns, leading him to approach the Director General (Prisons), who had not responded prior to the court’s intervention.

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