Delhi HC seeks response from Tihar on AAP's Sanjay Singh challenging denial of meeting with Arvind Kejriwal in jail

New Delhi [India]September 4 (ANI): Aam Aadmi Party MP Sanjay Singh has approached the Delhi High Court, alleging that the authorities denied him permission to meet Delhi Chief Minister Arvind Kejriwal in Tihar Jail.

The bench of Justice Neena Bansal Krishna asked the Tihat Jail authorities to file a reply and schedule the case for hearing on September 9, 2024.

Senior advocate Rahul Mehra, representing Sanjay Singh, submitted that the superintendent concerned had arbitrarily and unreasonably rejected two consecutive permissions sought by Sanjay Singh by merely invoking Rule 588 of the Delhi Prison Rules, 2018 and stating that he was a “former inmate”.

No written reasons were given for the refusal and Rule 616 requires the reasons to be recorded. The term 'former inmate' is not defined in either the Delhi Prisons Act 2000 or the Delhi Prisons Rules 2018. Even under Rule 588, the discretion vested in the Superintendent cannot be exercised fairly, arbitrarily and in accordance with the laws of natural justice and the larger framework of the law, the plea said.

The complainant is a sitting Member of Parliament in the Rajya Sabha. He is a respected member of the community, a staunch nationalist and also a member of the Aam Aadmi Party.

Singh, in his plea, stated that the repeated denial of the complainant's right to an interview was a violation of his fundamental rights enshrined in Article 21 of the Indian Constitution, as the fundamental 'right to life' includes the right to meet his family members/friends detained in prison.

The Delhi Prisons Rules, 2018 have been framed through delegated legislation under Section 71 of the Delhi Prisons Act, 2000. Chapter IX of the Delhi Prisons Act, 2000 deals with interviews and letters.

The Enabling Parent Act or the Delhi Prisons Act, 2000 is silent and does not impose any prohibition on 'former prisoners' from meeting other prisoners. Rather, it does not define the term 'former prisoner' and creates a separate category for them. The rules made under the said Act cannot exceed the scope of the powers conferred on them under Section 71 of the Delhi Prisons Act, 2000 and thus create an arbitrary and unreasonable restriction.

The plea further states that in both emails dated June 4 and 6, 2024, Sanjay Singh had expressly undertaken to comply with all prison rules during his personal meeting with Arvind Kejriwal and despite these assurances, he was denied the visit. (ANI)