The Delhi High Court today sought response from the Delhi government on a PIL seeking to quash its notification on constitution of the jail visitors boards on the ground that the visitors are not "independent".
A bench of Chief Justice G Rohini and Justice R S Endlaw ordered deletion of NHRC as party from the petition and issued notice to the Delhi government for October 15.
"The notification dated March 18, 2014...Is arbitrary and destructive of the Visitors Board ...Is ultra vires to section 73 (2) of the Delhi Prisons Act, 2000 and Rules 2 and 3 of the Delhi Prisons (Visitors of Prisons) Rules, 1988, which are presently in force, for the simple reason that the visitors are required to be outsiders (ex-officio) and independent, who will check on the functioning of the prison administration.
"This rule sabotages the Visitors Board because it makes the prison administration itself visitors in their own prison," it said.
The petition, filed by NGO Multiple Action Research Group (MARG), has alleged that the inmates of Tihar Jail suffer from acts of "violence and torture".
"Issue a writ of certiorarified mandamus or any other appropriate writ or declaration declaring the notification notifying the Board of Visitors in Delhi Prisons as unconstitutional and ultra vires...," the plea said.
The plea alleges that guidelines and the notification issued by the Delhi government are "unconstitutional".
It also seeks direction to the Delhi government to issue fresh notifications appointing visitors in accordance with the decisions of the Supreme Court and appoint official visitors in an ex-officio capacity from outside the jail administration.
Meanwhile, in a separate PIL, the court directed the Delhi government and Tihar jail authorities not to allow entry of inmates in the prison if the arresting police officer has not filled up the memo giving the age of the accused.
"We direct the Delhi government, Police Commissioner the and jail authorities to ensure that arresting officers must fill up the age memo before arresting a person.
"We also direct jail authorities not to accept any inmate in the absence of the age memo," the bench said.
