(Extra-Ordinary Civil Writ Jurisdiction) in the Matter of a Public Interest Litigation W.P

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI (EXTRA-ORDINARY CIVIL WRIT JURISDICTION) IN THE MATTER OF A PUBLIC INTEREST LITIGATION W.P. (C) No. 3778 OF 2020

IN THE MATTER OF : Sarthak Maggon …PETITIONER VERSUS Union Of India &Ors. ...RESPONDENTS

INDEX

S. No. Particulars Pg. No. 1. Written Submissions On Behalf Of Petitioner 1-25 On Status Report Dated 06.07.2020 2. Annexure A1- 26-29 Copy of the status report dated 06.07.2020 as received by the Petitioner on 06.07.2020 3. Annexure A2- 30-35 Step by Step pictures of the Petitioner’s failed attempt at registration on NPIP for meeting with a prisoner. 4. Annexure A3- 36-37 True Copy of State-Wise NPIP Statistics for the period of 15.03.2020 – 05.07.2020 5. Annexure A4- 38-39 True Copy of News Reports explaining the VC mulakat systems of the State of Bihar 6. Annexure A5- 40-42 True Copy of News Reports explaining the VC mulakat systems of the State of Gujarat 7. Annexure A6- 43-44 True Copy of News Report explaining the Whatsapp Video Call mulakat system by the Prison Department of the State of Tamil Nadu 8. Annexure A7- 45-49 True Copy of Visitation Guidelines by Pennsylvania Department of Corrections in the United States of America. 9. Annexure A8- 50-52 True Copy of Order of this Hon’ble Court in W.P. (CRL.) 855/2020 dated 09.06.2020 10. Annexure A9- 53-57 True Copy of Order of this Hon’ble Court in W.P. (CRL.) 942/2020 dated 30.06.2020 11. Annexure A10- 58 True Copy of Circular of this Hon’ble Court dated 09.06.2020 12. Annexure A11- 59-62 True Copy of Order of this Hon’ble Court in W.P. (CRL)772/2020 dated 12.06.2020 13. Annexure A12 (Colly)- True Copy of Order(s) 63-67 of this Hon’ble Court in W.P. (Crl.) No. 873 of 2018 dated 03.04.2020 & 30.04.2020 14. Annexure A13 – 68-72 The E-mail from the Petitioner & other Advocates to the various Prison Authorities 15. Annexure A14- 73-77 True Copy of the representation dated 02.07.2020 to the High Powered Committee by the Petitioner. 16. Annexure A15- 78-79 True Copy of order of this Hon’ble Court in W.P. (CRL.) 948/2020 dated 03.07.2020 17. Proof of Service 80

NEW DELHI

06.07.2020

Sarthak Maggon, Advocate (PETITIONER IN PERSON) O: 7/34-B, Basement, Jangpura-B, New Delhi-110014 E: [email protected] M: +91-7045654395 W: www.smlawoffices.in

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI (EXTRA-ORDINARY CIVIL WRIT JURISDICTION) IN THE MATTER OF A PUBLIC INTEREST LITIGATION W.P. (C) No. 3778 OF 2020

IN THE MATTER OF : Sarthak Maggon …PETITIONER VERSUS Union Of India &Ors. ...RESPONDENTS

WRITTEN SUBMISSIONS ON BEHALF OF PETITIONER ON STATUS REPORT DATED 06.07.2020

1. That, the captioned matter was filed in Public Interest under Article 226 of the Constitution of India seeking appropriate writ/order/directions of this Hon’ble Court against the Respondents herein to build adequate technical infrastructure for conducting legal mulakat telephonically/ through video conference to ensure access to justice to the inmates of Tihar Prison Complex and other jail premises.

2. That, the captioned matter was listed before this Hon’ble Court on 29.06.2020, wherein the Counsel for Respondent No. 2, submitted a ‘Status Report’ regarding measures to be undertaken in furtherance of the relief sought by the 2

Petitioners herein. It was submitted before this Hon’ble Court that post-suspension of physical mulakat of counsel/family & friends with prison inmates vide Circular of Respondent No. 3 dated 25.03.2020, telephonic facilities have been operative to facilitate interaction of inmates with counsel/family & friends. Additionally, it was submitted that Video Conferencing (VC) facility had been operative between Delhi High Court Legal Services Committee with prisoners since 22.06.2020. Further, Video Conferencing facilities have been available to women prisoners in Central Jail No. 6 since 24.06.2020. Lastly it was submitted that these facilities will be extended to the rest of the prisoners within ten to fifteen days to interact with their private counsel/ family & friends.

3. That, vide order dated 29.06.2020, this Hon’ble Court had allowed the Counsel for Respondent No. 2 to submit an updated Status Report addressing the grievances of the Petitioner, and an update on the implementation of the measures propounded in the previous Status Report. It is noteworthy that the status report was accordingly received on 06.07.2020 and the same makes reference to Circular No. File/ Cd No. 3607441/ Legal/ 2020/ 34699. (Circular)

Copy of the status report dated 06.07.2020 has been annexed herewith as ANNEXURE A1.

SPECIFIC SUGGESTIONS/RECOMMENDATIONS ON THE CIRCULAR DATED 06.07.2020

4. That based upon the procedure enumerated by the Respondent No. 2 through the Superintendent-I, Prison Headquarters, the following remarks must be considered to ensure that the circular does not vest undue and arbitrary discretion on the nodal authority to accept or reject legal mulakats since the said discretion shall be counter- productive to the recognition of legal mulakats as a right. The following suggestions are directed towards the achievement of a holistic and long-lasting infrastructure. The contents of the Circular are extracted hereinbelow:

“1. That the applications received through email from the private counsels shall be considered by the Superintendent Jails.

2. Superintendent shall take a prompt decision to allow / decline request on the merit / verification of vakalatnama and identity of applicant .

3. After scrutiny of request, slot for video conferencing may be fixed for an early possible date. The same will be intimated to the concerned at least one day in advance.

4.Legal interview through video conferencing will be conducted for maximum half an hour of each 4

interview, subject to maximum of two interviews in a week.

5. Link for video conferencing will be sent by email through which the advocate can establish a link for video conferencing.

6.The video conferencing shall be allowed on First Come, First serve.

7.The legal interview shall be conducted in the presence of Deputy Superintendent / Assistant Superintendent / other jail staff but out of hearing

8.If any misuse of video conferencing by the users is noticed, the facility extended will be withdrawn immediately.

5. That, it is a sincere suggestion of the Petitioner that Clause No. 1 of the Circular be made more robust. While, it is appropriate to tender application to the Superintendent of the Jails, the contact information of all the Superintendent of all Jails shall be mentioned along with the above. This would ensure that Counsels are not tendering their applications for Virtual Mulakats with prisoners to inappropriate authority, and that the Mulakats are not delayed due to administrative reasons. Moreover, it is 5

suggested that for coordination purposes and to avoid delays in applications by Counsels, the e-mail IDs and telephone lines are manned, and prompt responses are received.

6. That, it is a sincere suggestion of the Petitioner, that in furtherance of Clause 2 of the Circular a transparent mechanism may be set up wherein the Counsels and other applicants are given full disclosure of the reasons for rejection of their application. It is most humbly submitted, that the process of rejection of request should not seem arbitrary and opaque.

7. That, it is a sincere suggestion of the Petitioner that Clause No. 3 of the Circular be amended to be time-bound. It is submitted that the Counsels applying for a legal mulakat might need urgent conference with the prisoner pertaining to an urgent aspect of their case or otherwise. In this situation, it would be beneficial that instead of an “early date possible”, the requests may be accepted and the slot may be given within a period of Forty Eight Hours or shorter period of time as this Hon’ble Court may deem fit. The same would ensure the motive of the Circular itself, which is to assure prompt decisions on behalf of the Prison Authorities.

8. That, it is a sincere suggestion of the Petitioner that in Clause No. 5 of the Circular, an addition be made to the effect of providing a telephone number for immediate contact in case the link is unresponsive or there are some technical glitches. This would ensure prompt redressal so that the slot allotted to a Counsel or any other applicant may be utilised on schedule.

9. That, the Petitioner hereby requests the Respondent No. 3 to provide clarity and explanation to Clause No. 6 of the Circular. The words “first come first serve” are ambiguous and warrant elaboration as they leave room for arbitrary exercise of decision making power. It is suggested that the Respondent No. 3 provide for a flexible mechanism of accommodating legal mulakats in a day, owing to the sometimes urgent nature of the legal mulakats, if the counsel has given prior intimation to the Superintendent of the concerned Jail.

10. That, it is a sincere suggestion of the Petitioner, that in Clause No. 7 of the Circular the importance of privileged communication between the Counsel and their Client shall be the guiding consideration of virtual legal mulakats as well. The measures as suggested by the Respondent No. 3, shall not in any way be an infringement of the right of the prisoner to disclose information in the confidence of his/her counsel. Right of unencumbered 7

communication and right of privacy of the prisoner shall not be curtailed in any manner, and a balance between protocol, safety and rights of the prisoner may be maintained.

11. That, it is a probable situation that Clause No. 8 of the Circular as it is currently worded, may lead to absurdities. The word “misuse” has not been defined and may lead to unnecessary restrictions on the rights of the prisoners. It is a sincere suggestions that detailed guidelines may be framed by Respondent No. 3 to provided to operators, so that the rights of virtual mulakats is not withdrawn from the prisoners. The Petitioner wishes to draw the attention of this Hon’ble Court to the plight of the prisoners who might be wishing to speak freely to their counsel or family members and the vague, unambiguous nature of this Clause does not create an encumbrances on the rights of the prisoners.

12. That, before the issuance of the abovesaid Circular the Petitioner, has availed of the telephonic/VC services made available to him by the Respondents. The Petitioner wished to conduct a legal mulakat with his clients who are incarcerated in Tihar Jail. C.M.A. 13518/2020 and C.M.A. 13519/2020 were moved in the captioned matter before this Hon’ble Court in pursuance of the same.

13. That, the Petitioner, through these Written Submissions, while lauding the intentions of the Respondents wishes to make suggestions and point out lacunas in the current system of legal mulakats, family visits, exchange of documents, disbursement of payments etc.

UNDERUTILISATION OF EXISTING PORTALS / CREATION OF NEW PORTALS

14. That, the Petitioner wishes to bring to the attention of this Hon’ble Court the “National Prison Information Portal” (NPIP)- https://eprisons.nic.in/public/Home.aspx . The NPIP is a website which facilitates video conferencing between prisoners and their counsel/ family & friends. That the NPIP requires the counsel/ family & friends to submit their details such as name, address, identity proof as well as the number of visitors, date of visit and jail number. Following which, a One Time Password is generated, and a visit reference number is generated subsequently.

15. That, while the above process seems simple and convenient to counsel/ family & friends alike, the NPIP is non- functional and dormant. The Petitioner had registered on NPIP following the method explained hereinabove, but the virtual mulakat could not be fructified due to the reason- “Your Visit Request Is Not Approved”. Moreover, the 9

current system on NPIP only recognises the Prison Headquarters as an option for Virtual Mulakats and does not provide the option of conducting mulakats by VC in subordinate jail premises.

The step by step pictures of the Petitioner’s failed attempt at registration on NPIP for meeting with a prisoner are attached herewith as ANNEXURE A2.

16. That, the NPIP although facilitating video conference mulakats pan India, is extremely underutilised in the context of the NCT of Delhi. The NPIP reflects the statistics for every State in Country, and mentions the number of VC mulakats that have been undertaken between prisoners and their counsel/family & friends. In the short span of 15.03.2020 – 05.07.2020 prisons in - the State of Bihar have conducted 8290 prison mulakats through VC, State of Gujarat have conducted 6709 mulakats through VC, State of Uttarakhand have conducted 3188 mulakats through VC and State of Rajasthan have conducted 24,049 mulakats through VC. Surprisingly, the Jails in State of NCT Delhi have conducted 0 mulakats through VC in the abovesaid period as reflected on the portal.

The State-Wise NPIP Statistics for the period of 15.03.2020 – 05.07.2020 have been annexed herewith as ANNEXURE A3.

17. That, the Petitioner submits that the shockingly low number of VC mulakats, on an already established system are due to lack of information amongst the masses about the platform and/or lack of proper infrastructure to facilitate VC mulakats. It is submitted that the Respondents may cohesively and comprehensively probe into the better utilisation of NPIP.

18. That the NPIP platform is not conducive for advocates who may not have resources or technical know-how for filling up forms or for friends/family members who are illiterate. The Petitioner through his pro bono arm namely Aseemit Projects Foundation and in collaboration with a technology company client i.e. 1Gen USA is developing an easier to use beta version which may be utilised by the prison administration. The same shall be an application with a simpler user interface and the use of Hindi language and shall include a detailed Superintendent dashboard to keep track of the legal meetings per prisoner. The Petitioner seeks leave of this Hon’ble Court to provide the design for the same for the consideration of this Hon’ble Court free of cost as a technological solution to aid the prison administration free of cost.

19. That, alternatively the Respondents may consider the example of the States of Bihar and Gujarat, wherein ‘e- mulakat’ systems/application have been set up for facilitating VC mulakats between prisoners and their counsel/family & friends. The States of Bihar and Gujarat 11

have provided the counsel and loved ones of prisoners infrastructure to stay in touch with the prisoners by registering on an application and submitting documents to the Superintendents of the Jail(s) via electronic mode. After verification of documents, a link is shared with the visitors for the VC mulakat. Moreover, Vadodra Central Jail has also commenced a special, dedicated application to facilitate VC mulakats.

The News Reports explaining the VC mulakat systems of the State of Bihar and the State of Gujarat are annexed herewith as ANNEXURE A4 & ANNEXURE A5.

20. That, the Respondents may consider the measures undertaken by the Prison Department of the State of Tamil Nadu wherein Smartphones were procured for conducting VC mulakats through the medium of “Whatsapp Video Call”. It is submitted that the measures being taken by the Prison Department of the State of Tamil Nadu is a viable alternative while the infrastructure is being set up in Tihar Jail and other Jail Premises.

The News Report explaining the Whatsapp Video Call mulakat system by the Prison Department of the State of Tamil Nadu is annexed herewith as ANNEXURE A6.

21. That, the Respondents may also utilise the “ZOOM” Meetings Application as is being done by the Pennsylvania Department of Corrections in the United States of America. VC mulakats can be based on detailed visitation guidelines with regards to scheduling, length of meetings, procedure for registration and the Guidelines in place by Pennsylvania Department of Corrections in the United States of America may be taken into consideration. The Visitation Guidelines by Pennsylvania Department of Corrections in the United States of America are annexed herewith as ANNEXURE A7.

22. That, infrastructure to facilitate the VC mulakat needs to be set up in all Jails, not only the prison headquarters. Each Jail should have a dedicated VC room which would house the technical team to ensure that VC Mulakats are conducted smoothly.

23. That, the Petitioner undertakes to assist the Respondents in the creation of a new application, and/or better utilisation of the existing portals through his Organisation. The Petitioner also undertakes to provide assistance in the creation/management and verification of data, required for facilitation of VC mulakats.

DURATION OF TELEPHONIC/VC MULAKAT

24. That, post last date of hearing in the captioned matter, the Petitioner had availed the telephonic mulakat facility at Tihar Jail. The free telephone service call lasted for a total of four minutes only. This facility is for both counsel and family & friends. It is submitted that the duration of four minutes is extremely short and results in incomplete information being given to the counsel of the prisoners. It is submitted that the frequency and duration of telephonic/VC conversations should be increased so as to effectively replace physical mulakats for the time being.

25. That, this Hon’ble Court in Sanjay Chandra&Anr. vs. Superintendent, Jail 1, Tihar, NCT of Delhi&Anr. W.P. (CRL.) 855/2020 vide order dated 09.06.2020 had directed the authorities to ensure that the Petitioners therein avail of VC mulakats with their Counsel twice a week for a duration of thirty minutes each. The Petitioner submits that there should be strict adherence to the Order of this Hon’ble Court and the duration of telephonic conversations shall also be extended accordingly. The Order of this Hon’ble Court in W.P. (CRL.) 855/2020 dated 09.06.2020 is annexed herewith as ANNEXURE A8.

PRIVACY DURING TELEPHONIC/VC MULAKAT

26. That, the Petitioner has observed the issue of infringement of privacy of the prisoners during the telephonic/VC mulakat. 14

While it is understood that the Prison Administration would be required to ensure safety, and adherence to the Prison Rules, the privacy of the prisoner while interacting with counsel and his/her friends & family shall be the paramount guiding consideration.

27. That, the issue of privacy was also raised before this Hon’ble Court in Natsha Narwal vs. The Superintendent Jail No. 6, Tihar, NCT of Delhi &Anr. W.P. (CRL.) 942/2020 .In the said matter, vide order dated 30.06.2020, it was concluded that the Petitioner therein will be afforded with headphones during her VC mulakat, and prison officials will be in visible but not audible distance of the Petitioner therein. The same was held to be in coherence with the Delhi Prison Rules.

Order of this Hon’ble Court in W.P. (CRL.) 942/2020 dated 30.06.2020 is annexed herewithas ANNEXURE A9.

28. That, the Petitioner wishes to suggest methods in addition to the measures allowed by this Hon’ble Court. The dedicated VC Room in each prison which is suggested by the Petitioner to be included in all Jails, shall have one desktop/laptop/smartphone station. The same shall be manned by the Technical Staff, who shall be involved with commencing and concluding each VC mulakat. During the mulakat, the prisoner may be locked in said VC Room, and prison officials may maintain a visual on the said prisoner through a glass opening/window in the door, but shall not be allowed in the same room. The prison official may also 15

check in on the prisoner from time to time if said glass opening/window is not provided. The VC room shall be devoid of any sharp material which could result in harm to the prisoner or the prison officials, and the desktop/laptop/smartphone station shall be glued/nailed to a desk so that the devices themselves cannot be used as a dangerous object.

SCANS OF LEGAL AND OTHER DOCUMENTS

29. That, the Petitioner has observed that the Prison Authorities have not yet adapted to sending legal documents such as signed Vakalatnama to the counsel of the prisoners. These documents are extremely essential and are needed for filing the petitions/applications on the behalf of prisoners. Moreover, the Prison Authorities have been reluctant about scanning voluminous documents which may be necessary for the defence of the prisoner. As of now, barring the Vakalatnama which is a one-page document, the counsel are supposed to go to Gate No. 4, Tihar Jail to collect the physical copies of the legal documents. It is submitted that the current process is cumbersome, and extremely unsafe considering the pandemic.

30. That, this Hon’ble Court has suspended the physical service of summons/dak/notices vide Circular dated 09.06.2020. 16

The same are being sent through e-mail/fax and Whatsapp, which is a viable alternative and serves the purpose of all parties involved. However, the lack of scanning facilities in Jails of NCT of Delhi, has caused prejudice to the prisoners who may require to urgently file a document before a Court of Law, or may need to provide documents to their counsel or family members due to their relevance in their matters or due to unforeseen circumstances. The abovesaid Circular of this Hon’ble Court shall be given full effect to in all jail premises.

The Circular of this Hon’ble Court dated 09.06.2020 is annexed herewith as ANNEXURE A10.

31. That, the Petitioner also wishes to bring to the attention of this Hon’ble Court that the prisoners may be reluctant to hand over some documents through the prison officials as their might be circumstances that their grievances may relate to the Jail Administration itself. The same may be essential to the case of the prisoner or even a violation of the basic rights of the prisoner, and the lack of a proper mechanism to facilitate the transfer of documents directly to their counsel is an encumbrance on their right to inform their counsel of any wrong-doings or harm that they are facing.

32. That, the Petitioner suggests the creation of scanning booths for documents which have to be sent out to counsel and their family members. This scanning booth may be manned by 17

external agencies and/or prisoners who exhibit good behaviour and are experienced with scanning/photocopying and other computerised machinery. In addition to the right of privacy of the prisoners, the Respondents may exercise due caution to the confidentiality of documents pertaining to prison administration. The same can be considerations while staffing the said Scanning Booths with external agencies or even prisoners themselves.

33. That the scanning and sending/receiving of documents may be a paid facility and the counsel or the family member may have to pay a nominal amount to avail of this facility considering the increased cost the Prison Administration would have to bear to facilitate the same. The basic assertion of the Petitioner herein is that the prisoners should not have to withhold information from their counsel due to the fact that the information is not being delivered directly to the counsel, is being delivered belatedly or not being delivered at all.

34. That for the purpose of transmitting the documents the scanning booths, as suggested by the Petitioner may also include a dispatch desk which may email/Whatsapp the documents to the concerned persons or even receive documents from family members or counsel on behalf of the prisoners. This dispatch desk may also take charge of the payments being disbursed from the prisoners to their counsel and/ family members or vice versa. This will result in 18

expeditious transfer of funds for the purpose of urgent filings and family emergencies.

35. That, the facility to provide Vakalatnamas as well as other legal documents may be set up expeditiously, so that the rights of the prisoners to fight their case, or avail of remedies available to them under law are not restricted or delayed any further.

VC/TELEPHONIC CONSULTATION WITH MEDICAL PRACTITIONERS

36. That, this Hon’ble Court in Mazhar ul Islam V. State (NCT) of Delhi [W.P. (CRL.) 772/2020] vide order dated 12.06.2020 and Mehmood Topiwala v. State of NCT of Delhi [W.P. (Crl.) No. 873 of 2018] had observed that the Jails in NCT of Delhi might not have the adequate medical facilities required in certain extreme cases. This Hon’ble Court had also observed that due to the pandemic situation it might not be appropriate to take prisoners to clinics physically. It is submitted that on some occasions the prisoners might need to consult external medical practitioners due to lack of facilities in Jails as observed by this Hon’ble Court.

The Order of this Hon’ble Court in W.P. (CRL)772/2020 dated 12.06.2020 is annexed herewith as ANNEXURE A11. 19

The Order(s) of this Hon’ble Court in W.P. (Crl.) No. 873 of 2018 dated 03.04.2020 & 30.04.2020 are annexed herewith as ANNEXURE A12 (Colly).

37. That, for the purpose of Medical Consultation, the mechanisms of VC Booths, Scanning Booths and dispatch desks for virtual consultation, receiving/sending of medical reports and prescriptions may be utilised. The mechanisms as suggested by the Petitioner would facilitate the ‘Right to Health’ of the prisoners, and they would not be deprived of medical care as and when needed.

SINGULAR GRIEVANCE AUTHORITY

38. That, the Petitioner has faced the issue of communication with the Prison Authorities due to the lack of a singular authority which is mandated to hear the grievances of counsel or family & friends. The Petitioner had mailed All Authorities of various jails to facilitate meetings with his own clients who are incarcerated. Moreover, other Advocates desperate to get in touch with their clients for the purpose of their matters, or well- being had frantically contacted the Petitioner for the same. The subsisting problem is the lack of a singular authority that the counsel or family members & friends can contact.

The E-mail from the Petitioner & other Advocates to the various Prison Authorities is annexed herewith as ANNEXURE A13.

ACCESSIBILITY OF JUSTICE THROUGH WIDE SPREAD DISSEMINATION OF INFORMATION (IN VERNACULAR LANGUAGE/HINDI)

39. That, the Petitioner suggests that a Central Grievance Cell for all Jails be set up. This Authority shall be responsible for answering the queries of the counsel or family members & friends regarding the VC mulakat, sending/receiving documents or disbursement of finances. The contact information of the concerned officers of this authority shall also be displayed on the Websites of Respondent No. 2 & 3 for widest coverage. Awareness of this Authority may also be raised through other modes such as mass SMS etc., which will ensure that all counsel, family members & friends do not frantically scramble for information on their family member, friend or client’s well-being.

40. That in respect of the accessibility of justice and for the convenience of the prisoners already released and the ones incarcerated, the Petitioner has made a similar representation to the High Powered Committee to release the minutes of the meeting in Hindi for the benefit of the prisoners, under trials and convicts. The said representation may be considered as 21

the guiding document since the contents of the same are not reproduced herewith for the sake of brevity.

Copy of the representation dated 02.07.2020 to the High Powered Committee has been annexed herewith as ANNEXURE A 14.

41. That, the Petitioner suggests that this Authority may be directed to answer grievances of the counsel, family members or friends expeditiously. For the same, adequate staffing of the phone lines, e-mails or other helplines may be done.

42. That, various petitions have been filed before this Hon’ble Court raising concerns with the prison administration systems. These concerns were held to be valid and this Hon’ble Court was pleased to grant the reliefs being claimed to the Petitioners therein. However, these measures of this Hon’ble Court have been particular reliefs, and consolidated consideration of pertinent issues might be done as a whole by the Respondents for once and for all.

43. That, on the issue of duration of video conferencing calls, this Hon’ble Court in Sanjay Chandra&Anr. vs. Superintendent, Jail 1, Tihar, NCT of Delhi&Anr. W.P. (CRL.) 855/2020 vide Order dated 09.06.2020 was pleased to direct the Prison Authorities to ensure that the Petitioner 22

therein gets ample time for legal mulakat with his Counsel, i.e. 30 minute conferences twice a week.

44. That, on the issue of privacy during Video Conferencing calls between prison inmates and their legal counsel, this Hon’ble Court in Natsha Narwal vs. The Superintendent Jail No. 6, Tihar, NCT of Delhi &Anr. W.P. (CRL.) 942/2020 vide order dated 30.06.2020, has concluded that headphones should be provided to the prison inmate for maintenance of privacy. Further, it was held that the Prison Authorities shall be in visible but not audible distance of the prison inmates during their VC mulakat. This Hon’ble Court had also observed that document sharing between the Counsel and the prisoners shall be conducted through the Application for VC as well. Additionally, for the entertainment of the prisoners, additional books and reading material can be provided by their friends and family members. Notably, similar issues had arisen before this Hon’ble Court in Devangana Kalita vs. The Superintendent Jail No. 6, Tihar, NCT of Delhi &Anr. W.P. (CRL.) 948/2020 and vide order dated 03.07.2020, this Hon’ble Court had extended the benefits of the Order dated 30.06.2020 in W.P. (CRL.) 942/2020 to the Petitioner- Devangana Kalita.

The Copy of order of this Hon’ble Court in W.P. (CRL.) 948/2020 dated 03.07.2020 is annexed herewith as ANNEXURE A15. 23

45. That, the prevailing situation of the Covid-19 pandemic has resulted in the halt of major operations and have caused us to amend our ways in a major fashion. At the same time, basic rights of prisoners should not be encumbered. The Right to Health, Right to Privacy, Right to Counsel of Choice are all inalienable rights afforded to prisoners irrespective of their conviction, punishment or accusation. The right to maintain contact with the outside world along with the abovesaid rights should be given its full purport, and all measures to facilitate the same should be undertaken by the Respondents.

46. That, the present Petition was an attempt to draw the attention of this Hon’ble Court to the plight of the prisoners, their loved ones as well as the Advocates. The lack of physical mulakats, disbursement of documents and other relevant materials have seriously hampered the and substantially delayed the meritorious release of prisoners. Further, important information is not being received, regular updates of the well-being of their client is not being received, there is a delay in filing applications/ petitions on behalf of the incarcerated. Due to the intersection of these rights of the prisoners with the health and safety of fellow lawyers alike, urgent considerations may be given to the issues and concerns raised by the Petitioner hereinabove. It is noteworthy that the prison administration must be required to expeditiously reinvent the system, since every passing day where the prisoners are deprived of the 24

opportunity of legal representation must be viewed as a mass violation of constitutional rights and remedies.

47. That, the primary concerns of the Petitioner may be expeditiously concerned, as the delay in providing a fully functional infrastructure as an alternative to physical mulakats and receipt/ sending of documents is interfering with the rights of the prisoners. It is submitted that each day of delay is causing irreparable harm to the prisoners who are incarcerated and are being cut off from the outside world. It is imperative that in addition to creating infrastructure and giving the prisoners’ rights its full purport, the prisoners are meanwhile engaged in activities related to their religious pursuits or otherwise. The activities, religious or otherwise may be facilitated in adherence to the social distancing and sanitisation norms.

48. That, the suggestions of the Petitioner are notwithstanding the ubiquitous nature of social distancing and sanitisation measures. The suggestions made by the Petitioner are in furtherance of the measures of the Respondent No. 1 and Respondent No. 2 to ensure the safety and hygiene of all the persons involved be it prisoners, prison administration, counsel, family members or friends.

49. That, the Petitioner undertakes to provide any assistance in the drafting of policy, implementation of measures, creation 25

of infrastructure, technical assistance and otherwise to the Respondents for the achievement of a fully functional and robust system.

50. That, the contents of these Written Submissions may be treated as part and parcel of the accompanying Writ Petition under Article 226 of the Constitution of India, filed by the Petitioner.

51. That, the averments, facts and circumstances are true and correct to the best of the Petitioner’s knowledge and have been consolidated for the assistance of this Hon’ble Court. The observations in the present Written Submissions are made on the basis of first-hand experiences and existing jurisprudence.

NEW DELHI

06.07.2020

Sarthak Maggon, Advocate (PETITIONER IN PERSON) O: 7/34-B, Basement, Jangpura-B, New Delhi-110014 E: [email protected] M: +91-7045654395 W: www.smlawoffices.in

26 ANNEXURE A1- Copy of the status report dated 06.07.2020 as received by the Petitioner on 06.07.2020

ANNEXURE A2- Step by Step pictures of the Petitioner’s failed attempt at registration on NPIP for meeting with prisoners.

7/5/2020 Welcome to National Prison Portal ANNEXURE A3- True Copy of State- e P risons (SelectMISState.aspx) e P risons Live (ePrisonsLiveStatus.aspx) Wise NPIP Statistics 36 e M ulakat Statistics (ePrisonsLiveVisitorsStatus.aspx) for the period of 15.03.2020 – 05.07.2020  Tracking Inmates (https://eprisons.nic.in/InmateTracking)

VIEW PAST VISIT STATISTICS FROM :

V I E W

List of completed visits between 15/03/2020 and 05/07/2020.

Total Visits Physical Visits Physical Visits S.No. State Name Completed Through VC Online* Offline# Visits ANDAMAN & 1 0 0 0 0 NICOBAR ANDHRA 2 1 0 460 461 PRADESH ARUNACHAL 3 0 0 0 0 PRADESH 4 ASSAM 0 0 0 0 5 BIHAR 8290 541 0 8831 6 CHANDIGARH 189 0 0 189 7 CHHATTISGARH 0 0 2 2 DADRA & 8 0 0 0 0 NAGAR HAVELI 9 DAMAN & DIU 0 0 0 0 10 DELHI 0 23 5204 5227 11 GOA 0 0 0 0 12 GUJARAT 6709 164 1406 8279 13 HARYANA 0 0 3056 3056 HIMACHAL 14 217 17 199 433 PRADESH JAMMU & 15 0 0 175 175 KASHMIR 16 JHARKHAND 0 0 2727 2727 17 KARNATAKA 0 0 58 58 18 KERALA 0 0 0 0 https://eprisons.nic.in/public/ePrisonsLiveVisitorsStatus.aspx 1/3 7/5/2020 Welcome to National Prison Portal 19 LAKSHADWEEP 0 0 0 0 37 MADHYA 20 0 0 5082 5082 PRADESH 21 MAHARASHTRA 0 0 0 0 22 MANIPUR 0 0 0 0 23 MEGHALAYA 0 0 0 0 24 MIZORAM 0 0 0 0 25 NAGALAND 0 0 0 0 26 ORISSA 0 0 0 0 27 PUDUCHERRY 0 0 0 0 28 PUNJAB 17 66 194 277 29 RAJASTHAN 24049 0 991 25040 30 SIKKIM 0 0 0 0 31 TAMIL NADU 3 3 0 6 32 TELENGANA 0 0 909 909 33 TRIPURA 0 0 19 19 UTTAR 34 0 164 40768 40932 PRADESH 35 UTTARAKHAND 3188 1 2397 5586 36 WEST BENGAL 0 133 29211 29344

* These are the requests booked online but completed physically. Does not include the requests not completed. # These are the requests booked at counters and completed physically.

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National Informatics Centre  A-Block, CGO Complex, Lodhi Road New Delhi - 110 003 India https://eprisons.nic.in/public/ePrisonsLiveVisitorsStatus.aspx 2/3 7/6/2020 Bihar: Jail inmates interact with kin via video conferencing | Patna News - Times of India

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Representative image PATNA: The prisons inspectorate, which had prohibited visitors from entering jail (https://timesoﬁndia.indiatimes.com/topic/jail) premises for meeting inmates as part of social distancing measures to prevent spread of coronavirus, has now come up with virtual interaction system to enable people interact with the prisoners while sitting at home with the help of their smartphones.

IG (prisons and correctional services) Mithilesh Mishra said the ‘e-mulakat’ system of videoconferencing had been started for the prisoners to reduce their mental stress as they might get disturbed if not allowed to interact with their family members. “Telephone booths have also been set up at the jails (https://timesoﬁndia.indiatimes.com/topic/jails) so that prisoners can talk to their relatives,” Mishra added.

Prisons sources said the proposal to implement virtual interaction system had come earlier as well, but it is now being implemented on a war footing in all jails. “In fact, the prisons department rolled out the system on March 26,” the sources added.

The IG (prisons) had temporarily banned entry of visitors to jails on March 14 as a precautionary measure to combat Covid-19. https://timesofindia.indiatimes.com/city/patna/jail-inmates-interact-with-kin-via-video-conferencing/articleshow/74919251.cms 1/7 7/6/2020 Bihar: Jail inmates interact with kin via video conferencing | Patna News - Times of India

(https://adclick.g.doubleclick.net/pcs/clic “The system will eliminate several security related hazards and ease pressure on jail authorities as large count xoai=fA vKAiOsjsitso7ArGsS U0thOrxoBZndOgM6Gwmc1 KVH8-- 39 jails for meeting prisoners regularly,” the sources said, adding configuration for ‘e-mulakat’ had already been co_zmvFApS1ldceZtengdKfu iNndZ aSMtx47hwzdsa8Fp wPTec4ItDkuUZxMf7HUvLriyNX9JR74nF least 20 jails in the state. “At Begusarai, Katihar, Bettiah, Samastipur (https://timesofindia.indiatimes.com/topic/STa33mRTaF9stxispLZurqixA) 6ay9ndQ4PUAviGFXtgI ref=myi_title_dp) Darbhanga district (https://timesofindia.indiatimes.com/topic/Darbhanga-district) jails, the project has already been implemented. Prisoners have started interacting with their relatives through videoconferencing,” they said.

A senior home department oﬃcial said the project would be implemented in other prisons, including eight central jails, soon.

“Around 20 such calls were made till Tuesday in jails. One prisoner at a jail can use the facility at a time for ﬁve minutes,” the oﬃcial said, adding those keen to interact with prisoners will have to download a mobile-based application for videoconferencing.

A senior prisons official said one has to first send an e-mail via e-prisons platform to the superintendent of the jail where prisoner is lodged for registration and seeking approval for video conferencing. “Once superintendent is satisfied after verification of documents, he can give approval for videoconferencing and fix date and time for the same,” the official said.

The official added that process is also on to enable prisoners appear for trial before separate courts at one go from inside jails in the future. On March 19, the Patna (http://timesofindia.indiatimes.com/topic/Patna) high court had become the first high court in the country to conduct hearing via videoconferencing.

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https://timesofindia.indiatimes.com/city/patna/jail-inmates-interact-with-kin-via-video-conferencing/articleshow/74919251.cms 2/7 7/5/2020 Vadodara Central Jail facilitates video conferencing for inmates to talk to kin | India News,The Indian Express

ENGLISH தழ் বাংলা മലയാളം िहंदी मराठी 40 ANNEXURE A5- Follow Us: True Copy of News Reports explaining the Sunday, July 05, 2020 VC mulakat systems of the State of Gujarat Home India Cities Opinion Sports Entertainment Lifestyle Tech Videos Explained Audio SUBSCRIBE Real Estate Epaper Sign in

Home / India / Vadodara Central Jail facilitates video conferencing for inmates to talk to kin Vadodara Central Jail facilitates video conferencing for inmates to talk to kin The video conferencing facility has also been availed by those inmates who have to mark their presence for hearing of their cases or for giving testimony.

By: Express News Service | Vadodara | Published: May 19, 2020 11:43:27 pm

https://indianexpress.com/article/india/vadodara-central-jail-facilitates-video-conferencing-for-inmates-to-talk-to-kin-6418123/ 1/11 7/5/2020 Vadodara Central Jail facilitates video conferencing for inmates to talk to kin | India News,The Indian Express 41

EXPRESS EXPLAIN

India coronav peak powere

Due to the pandemic, the prison department had suspended visits to the jail since March 17. (Representational)

The Vadodara Central Jail authorities have been providing video conferencing facility — e-mulaqat — for inmates to talk to their family members during the Covid-19 lockdown.

Due to the pandemic, the prison department had suspended visits to the jail since March 17.

“E-mulaqat facilities were provided earlier as well but they have been put to best use amid the pandemic. Due to the lockdown, visitors were not allowed to meet the inmates. So, we started the online system so that the prisoners could stay connected with their family members through video conferencing,” said Jail Superintendent Baldev Waghela.

https://indianexpress.com/article/india/vadodara-central-jail-facilitates-video-conferencing-for-inmates-to-talk-to-kin-6418123/ 2/11 7/5/2020 Vadodara Central Jail facilitates video conferencing for inmates to talk to kin | India News,The Indian Express 42

EXPRESS EXPLAIN

India coronav peak powere

In March, 115 such intersections were facilitated by the Vadodara Central Jail through video conferencing and 245 in April. The prisons department has a special application for the same which can be downloaded by the relatives and friends of the inmates on their respective mobile phones and the inmates will have access to the application through systems within the jail itself.

The video conferencing facility has also been availed by those inmates who have to mark their presence for hearing of their cases or for giving testimony.

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https://indianexpress.com/article/india/vadodara-central-jail-facilitates-video-conferencing-for-inmates-to-talk-to-kin-6418123/ 3/11 7/6/2020 I am fine. You shouldn’t cry: Prisoners video call from jail to reach out to families in times of COVID-19 | Deccan Herald

SUPPORT DH SUPPORT DH DIGITAL JOURNALISM JOURNALISM 43 ANNEXURE A6- True Copy of News Report explaining the Whatsapp Video Call mulakat system by the Prison Department of the State of Tamil Nadu Home / National / South / Coronavirus: Prisoners reach out to kin via video call I am fine. You shouldn’t cry: Prisoners video call from jail to reach out to families in times of COVID-19

ETB Sivapriyan, DHNS, Chennai, MAR 27 2020, 20:20 IST| UPDATED: MAR 28 2020, 01:22 IST

Representative image/Pixabay Image

“I am fine. You shouldn’t cry. Please be careful and ensure that you don’t step out. Don’t forget to have hot water. Hope you people are safe,” a father tells his inconsolable daughter via video call.

CONTRIBUTE AND SUPPORT DECCAN HERALD DIGITAL JOURNALISM CONTRIBUTE https://www.deccanherald.com/national/south/i-am-fine-you-shouldn-t-cry-prisoners-video-call-from-jail-to-reach-out-to-families-in-times-of-covid-1… 1/5 7/6/2020 I am fine. You shouldn’t cry: Prisoners video call from jail to reach out to families in times of COVID-19 | Deccan Herald CONTRIBUTE SUPPORT DH SUPPORT DH DIGITAL JOURNALISM JOURNALISM 44

This is not the story of an immigrant father talking to his daughter back home, but the emotions of a prisoner who has missed “visitors’ interviews” with his family due to the Coronavirus outbreak.

Follow live updates of coronavirus cases in India here

The visibly elated father continues to enquire about his daughter’s well-being and talks to his wife for a few minutes before hanging up. The video recording of a conversation between the prisoner and his daughter was accessed by DH.

Thanks to an initiative by the Tamil Nadu Prisons Department, convicts and prisoners in 15 jails across the state now get to talk to their families via video call on WhatsApp. The department procured 58 smartphones to enable prisoners to talk to their family aer the personal interviews were suspended in mid-March to avoid the crowd at prisons to avoid further spread of coronavirus.

Read: Coronavirus India update: State-wise total number of confirmed cases, deaths

“Decision to procure smartphones to enable prisoners to talk to their family members via video call was taken due to the cancellation of visitors’ interview in all prisons across the state. Since family members will be worried about the prisoners’ well being and vice-versa, we implemented the video calling system,” a senior oicial of the Tamil Nadu Prisons’ Department told DH.

Since Covid-19 has created a scare among everyone, oicials said, it is obvious for prisoners to think about their families and worry about their status. “This has helped reduce the stress of both prisoners and their families,” the senior oicial added.

Also Read: COVID-19: Chennai singer comes to needy people's aid

The video calling facility is available at Central prisons in Puzhal (Chennai), Madurai, Palayamkottai, Trichy, Cuddalore, Vellore, Coimbatore, and Salem. It is also made available in Special Prison for Women at Puzhal, Vellore, Trichy, Coimbatore, and Madurai. The smartphones have been provided with 4G sims and unlimited data, oicials said. CONTRIBUTE AND SUPPORT DECCAN HERALD DIGITAL JOURNALISM CONTRIBUTE https://www.deccanherald.com/national/south/i-am-fine-you-shouldn-t-cry-prisoners-video-call-from-jail-to-reach-out-to-families-in-times-of-covid-1… 2/5 45

ANNEXURE A7- True Copy of Visitation Guidelines by Pennsylvania Department of Corrections in the United States of America. Video Visitation Visitor 46 Guide (/family-and-friends/Documents/Video-Visitation-Visit (En Españolor-Guide-Espanol.pdf) )

Video visitation is a free service being offered to inmates and authorized visitors while visitation is suspended at the facilities in response to COVID-19 precautions. All inmates are eligible to participate. The visiting rules for Video Visitation are generally the same as those for visiting in the facility. Visitors who have been restricted from visiting any institution may not participate in this program. If any inappropriate conduct occurs on the behalf of the inmate or the visitor the visit shall be terminated.

In order to participate in video visitation, the visitor must download the “ZOOM Cloud Meetings” application on a smart phone, laptop or tablet that has video and audio capabilities. Scheduling A visitor shall request a time slot based on the facility's existing visitation schedule. The facility will make an effort to accommodate the requested time, but please note the time requested may not be available. Up to 3 authorized visitors may participate in a video visit at the same time.

Visits must be requested at least 2 business days in advance; however, they may be scheduled more quickly based upon availability. A visitor shall cancel a visit at least 1 business day in advance by emailing the facilities resource email account.

A visitor may request a video visit by emailing the facilities resource email account (see below). A visitor must include the following information in their request:

Visitor Name(s) Address(es) Date(s) of Birth Phone Number(s) Scheduler's Email Address Inmate Name Inmate ID Requested Visit Date Requested time slot (provide a 4-hour time slot within the facilities visiting hours) ***Disclaimer: If a valid email address is not provided, the visit will not be scheduled. After a visit is scheduled by the facility, you will receive an email notice. The email notice will conta47in a link to the visit along with pertinent information to connect (meeting identication number and IP address). SCI Resource Email Accounts

Albion: Laurel Highlands: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Benner Township: Mahanoy: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) ov)

Camp Hill: Mercer: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Cambridge Springs: Muncy: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) ov)

Chester: Phoenix: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Coal Township: Phoenix FTU: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Dallas: Pine Grove: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v) Frackville: Quehanna Boot Camp: [email protected] [email protected] 48 (mailto:[email protected] (mailto:[email protected] v) v)

Forest: Retreat: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Fayette: Rockview: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Greene: Smitheld: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Houtzdale: Somerset: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) v)

Huntingdon: Waymart: [email protected] [email protected] (mailto:[email protected] (mailto:[email protected] v) ov)

Frequency and Length of Visit Video visits will be scheduled during normal visiting hours/days of the respective facility. An inmate is permitted to have 1 video visit per week. All visits will be recorded in visitor tracking. Only 1 weekend day is permitted per month. A video visit will be 45 minutes in length. All visits will start on the hour. Visitors and Attire Visitors must be on the authorized visitor list and a DC-313 must be present for any children participating. A minor may only participate in a video visit if accompanied by a parent/guardian. Visitors are expected to dress appropriately and avoid clothing that is revealing or provocative in accordance with the 49 (/About%20Us/Documents/DOC%20Policies/812%20Inmate%20 DC-ADM 812Visiting%20Privileges.pdf) . Visitors shall not wear a bathing suit, an extremely short skirt/dress, shorts, a halter-top or clothing made of see- through material. Failure to follow these requirements may result in the termination of the visit and/or loss of visitation privileges. Conduct/Security The DOC expects the inmate and his/her visitors to demonstrate proper conduct during a visit. Conduct that is offensive or insulting shall not be tolerated. Unacceptable conduct during a visit shall be cause for termination of the visit. Unacceptable conduct by the inmate could result in a misconduct being issued and his/her prohibition from future visits.

Video visits may be audio/video recorded, and are subject to review for appropriateness. Unacceptable conduct by a visitor could result in that visitor’s visiting privileges being suspended. Reports of unacceptable conduct by a visitor shall be reported to the Facility Manager of the inmate’s facility. The Facility Manager shall decide what restrictions, if any, shall be imposed. If a visitor’s visiting privileges are restricted, he/she will be so informed, in writing by the Facility Manager.

The Visiting Room Ofcer shall be responsible for monitoring the video visit and will end the visit as outlined in DOC policy if visitation rules are violated.

Read the visiting rules

(/family-and-friends/Pages/Visiting-Rules.aspx) 50 ANNEXURE A8 - True Copy of Order of this Hon’ble Court in W.P. (CRL.) 855/2020 dated 09.06.2020

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W. P.(CRL.) 855/2020 SANJAY CHANDRA & ANR...... Petitioners Through: Mr Abhimanyu Bhandari with Mr Anuroop Chakravarti, Advocates.

versus THE SUPERINTENDENT CENTRAL JAIL 1, TIHAR, NCT OF DELHI & ANR...... Respondents Through: Mr Rahul Mehra, Standing Counsel with Mr Chaitanya Gosain, Advocate for State.

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 09.06.2020 [Hearing held through video conferencing]

1. The petitioner has filed the present petition, inter alia, praying that they be granted daily access to their lawyers, pairokars, accountants and consultants by video conferencing with adequate time.

2. The said prayer has been made in the context where physical meetings of prisoners with lawyers, friends and family members are suspended in view of the outbreak of COVID-19.

3. A status report has been filed, which indicates that as per jail records 155 cases are pending against the petitioner. It is also relevant to note that in terms of the Delhi Prison Rules 2018, each prisoner is allowed mulaqat with his relates twice a week but the same has been suspended due to 51

nationwide lockdown imposed by the government since March, 2020. The respondents have also enclosed an order dated 09.05.2019 passed by the Supreme Court in Special Leave Petition (C) 5979-5979/2017, whereby the Supreme Court had withdrawn additional facilities provided to the petitioner and had further directed that “they shall not be entitled to any additional facilities apart from those which are available in the normal course in terms of Jail Manual”. It is submitted that in view of the specific directive, the additional facilities sought by the petitioners cannot be granted to them.

4. Mr Bhandari, learned counsel appearing for the petitioners submits that the petitioners are not seeking any additional facilities. He submits that the Supreme Court had passed an order in the context where the petitioners had been granted the facility of a personal office within the jail premises. He states that the present petition is confined to seeking video conferencing facilities with their lawyers and other legal consultants. He states that video conferencing facilities can be granted in terms of Rule 629 of the Delhi Prison Rules, 2018. He further submits all that the petitioners are seeking additional time with their lawyers as a large number of cases are pending against the petitioners. He states that providing similar video conferencing time as provided other prisoners would not be justified since the number of cases pending against the petitioners is large; consequently the time required by them with their lawyers to instruct them, is also significantly more. He earnestly contends that given the aforesaid situation, provision of additional video conferencing time does not fall foul of the directions issued by the Supreme Court.

5. In view of the outbreak of COVID-19, the prisoners are being 52

permitted telephone facilities twice a week. It is also not disputed that prisoners are also provided the facility of video conferencing as per the Prison Rules.

6. Since, such facilities are available to the prisoners twice a week, this Court finds no reason to not allow the request of the petitioners for being permitted video conferencing facilities with their lawyers in order for them to defend the cases instituted against them. In the circumstances, the jail authorities are directed to provide video conferencing facilities to the petitioners twice a week for a period of thirty minutes each. It is clarified that this facility will be provided to enable the petitioners to consult with their lawyers/legal consultants but not their friends and family members. They may be provided limited telephone facilities for the aforesaid purpose as provided to other prisoners.

7. This Court is also of the view that it would not be apposite for this Court to direct provision of further additional facilities in view of the order passed by the Supreme Court.

8. Mr Bhandari submits that the petitioners shall approach the Supreme Court for obtaining the necessary clarification.

9. The petition is disposed of with the aforesaid directions.

VIBHU BAKHRU, J JUNE 09, 2020 MK 53 ANNEXURE A9- True Copy of Order of this Hon’ble Court in W.P. (CRL.) 942/2020 dated 30.06.2020

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 942/2020 & CRL.M.A. 7851/2020, CRL.M.A. 7852/2020, CRL.M.A. 7863/2020 NATSHA NARWAL ..... Petitioner Through: Mr. Adit S. Pujari, Mr. Kunal Negi, Ms. Kriti Awasthi, Ms. Tusharika Mattoo and Mr. Chaitanya Sundriyal, Advs.

versus

THE SUPERINTENDENT CENTRAL JAIL 6, TIHAR NCT OF DELHI & ANR ..... Respondents Through: Mr. Rahul Mehra, Sr. Standing Counsel (Crl.)-GNCTD with Mr. Chaitanya Gosain, Adv.

CORAM HON'BLE MR. JUSTICE C. HARI SHANKAR

JUDGEMENT (oral) % 30.06.2020 (video-conferencing)

W.P.(CRL) 942/2020 & CRL.M.A. 7851/2020, CRL.M.A. 7852/2020, CRL.M.A. 7863/2020

1. Consequent to the filing of various FIRs, charging the petitioner with having committed various offences – with which the present petition is not required to be burdened – the petitioner is lodged in Jail No. 6, Tihar Prison Complex, Delhi since 28th May, 2020.

2. By the present petition, the petitioner sought various facilities,

W.P.(CRL.) 942/2020 Page 1 of 5

i.e. daily access to her counsel by way of video-conferencing, permission to communicate with her family and friends regularly in accordance with the Delhi Prison Rules, 2018 (hereinafter referred as “the Delhi Prison Rules”) and access to books and reading material.

3. Notice was issued, in this writ petition, on 18th June, 2020, on which date Mr. Rahul Mehra, learned Sr. Standing Counsel (Crl.), GNCTD fairly submitted that he would ensure that all facilities, which were permissible under the Delhi Prison Rules, would be made available to the petitioner.

4. On the next date of hearing, i.e. 24th June, 2020, Mr. Adit S. Pujari, learned Counsel for the petitioner, submitted that, though he had been granted an opportunity of video-conferencing, with his client, that morning, there had been a suspension of such video- conferencing facilities in Jail No. 6, consequent to an incident of violence that had taken place in the said premises.

5. Status report has been filed, by the Jail Superintendent, in response to the writ petition.

6. Yesterday, i.e. 29th June, 2020, Mr. Pujari narrowed down his grievances to, essentially, four issues, i.e. (i) the presence of the prison official, in the same room as the petitioner, during the video-conferencing with her counsel; this, according to Mr. Pujari, infracted Rule 627(2) of the Delhi Prison Rules, which stipulated that the interviews between an

W.P.(CRL.) 942/2020 Page 2 of 5

under-trial prisoner and his legal representative would take place within visible, but not audible, distance of the prison officials, (ii) that the petitioner was not being allowed to read books provided by outsiders, despite non-availability of library and reading facilities consequent on the restrictions imposed during the presently prevalent COVID-2019 pandemic in accordance with Rule 1525 of the Delhi Prison Rules, (iii) that his client was not being permitted 30 minutes video conferencing time, twice a week, with her counsel, as has been granted by this Court vide order dated 9th June, 2020 in W.P.(Crl.) 855/2020 (Sanjay Chandra vs. The Superintendent, Central Jail) and (iv) non-availability of screen sharing facility, during the video-conference between the petitioner and her counsel.

7. Today, Mr. Rahul Mehra, learned Sr. Standing Counsel (Crl.) appears and submits that he has engaged in a detailed interaction with the DG (Prisons) and concerned jail officials, as well as with Mr. Pujari and has made efforts to ensure that the grievances of the petitioner are mitigated. Apropos the mandate of Rule 627(2) of the Delhi Prison Rules, Mr. Mehra, submits that the petitioner would be provided headphones, and the jail official, would be in the same room, within visual but not, audible distance. He submits, justifiably, that in the interests of security and other concerns, it is not possible for the jail officials to completely vacate the room. Mr. Mehra also submits that he has instructions from the concerned authorities to provide

W.P.(CRL.) 942/2020 Page 3 of 5

screen sharing facility, on the Webex platform, over which video- conferencing is provided in Jail No. 6. He further submits that, owing to certain power issues, video-conference, with the petitioner’s Counsel could not be possible yesterday or this morning but assures that it could take place as soon as possible.

8. Mr. Mehra further draws attention to paras 3 and 4 of the status report, filed by the Jail Superintendent, which read thus : “3. That the counsel of the petitioner has conducted video conferencing successfully with the petitioner on 24.06.2020 at 09:00 AM and as per the submission made before this Hon'ble Court by Ld. Standing Counsel. Mr Rahul Mehra, the next video conference session of the Petitioner with the Counsel will be conducted on 29.06.2020 at 4:00 PM. The counsels of women prisoners shall be allowed video conferencing with their clients in Central Jail No.6, Tihar, now onwards, on the basis of written requests of the counsels of the prisoners to the jail Superintendent on her official email i.e [email protected] .

4. That with regard to the prayer (ii) of the instant petition which inter alia relates to providing of books and reading material, it is submitted that 13 books and 2 registers have been provided to her.”

9. Apropos reading material, Mr. Rahul Mehra submits that the jail authorities have no objection to the petitioner sourcing books from outside and reading the same, provided the material does not infract any provision of the Delhi Prison Rules. In fact, submits Mr Rahul Mehra, reading by jail inmates is an extremely constructive way of passing time during incarceration, and deserves to be actively encouraged.

W.P.(CRL.) 942/2020 Page 4 of 5

10. With respect to the request, of Mr. Pujari, that his client be allowed two interviews, with her counsel, of 30 minutes each, Mr. Rahul Mehra submits that though, the order dated 9th June, 2020, of this Court, in W.P.(Crl.) 855/2020 was passed in the peculiar circumstances of that case, in which as many as 250 criminal cases were pending against the petitioners, he assures, nevertheless, that, subject to adjustments which may be required keeping in view the number of persons who seek video-conferencing simultaneously, and other such related concerns, efforts would be made to provide, to the petitioner, two video-conferences of 30 minutes each, in a week.

11. This Court expresses its unstinted appreciation for the pro- active approach of Mr. Rahul Mehra, which well-behoves his status as Senior Standing Counsel for the Government.

12. Mr. Pujari, learned Counsel for the petitioner, too, fairly submits that, with the aforesaid suggestion of Mr. Rahul Mehra, the grievances of his client stands redressed. He, too, expresses his gratitude to Mr. Mehra.

13. This litigation, has, therefore, ended on a happy note.

14. The petition stands disposed of.

C. HARI SHANKAR, J JUNE 30, 2020 kr

W.P.(CRL.) 942/2020 Page 5 of 5

WWW.LIVELAW.IN 58

ANNEXURE A10-True Copy of Circular of this Hon’ble Court dated 09.06.2020 ANNEXURE A11-True Copy of Order of this Hon’ble Court in W.P. (CRL)772/2020 dated 12.06.2020 59

$~A-17 * INTHEHIGHCOURTOFDELHIATNEWDELHI + W.P.(CRL) 772/2020 MAZHAR UL ISLAM ... Petitioner Through: Mr.Siddharth Yadav, Adv.

versus THE STATE (NCT) OF DELHI ... Respondent Through: Mr.Ranbir Singh Kundu, APP for State.

CORAM: HON’BLE MR. JUSTICE JAYANT NATH

ORDER % 12.06.2020 1. This hearing is conducted through video-conferencing. 2. This writ petition is filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of a writ in the nature of mandamus seeking grant of parole for a period of 90 days in view of serious medical condition of the petitioner as he has to undergo surgery for ‘OPEN HEMORRHOIDECTOMY’ for piles. 3. The matter relates to FIR No.615/2005 under sections 302/34 IPC, P.S. Seelampur. It is stated in the petition that the petitioner is serving a sentence of life imprisonment. He has been in custody for last 13 years. 4. It is further stated that the petitioner applied for grant of parole with the respondent/State on 28.01.2020 on urgent medical grounds. However, till date he has not received any response. Previously also the petitioner has gone for treatment for ‘MIPH 2 for piles’. 5. On 15.05.2020, this court passed an order directing the pairokar/learned counsel for the petitioner to fix an appointment with the doctor at Fortis Hospital, New Delhi and inform the date and time to this ANNEXURE A11-True Copy of Order of this Hon’ble Court in W.P. (CRL)772/2020 dated 12.06.2020 60

court so that an appropriate order may be passed directing the jail authorities to take the petitioner to the said doctor for his medical examination. 6. On 08.06.2020, it was stated by the learned counsel for the petitioner that an appointment has been fixed at Fortis Hospital, Vasant Kunj, New Delhi for 15.06.2020 at 10:00 a.m. It was also pleaded that it would be appropriate that the petitioner be produced in person before the concerned doctor for purpose of medical examination. Learned counsel for the State had taken some time to take instruction in this regard. 7. The State has now filed a medical report regarding the petitioner. Relevant part of the said medical report reads as follows: “ It is to inform you that as per available medical record, the inmate/patient is known case of Haemorrhoid and has been operated for the same at Fortis Hospital previously, also he has been reviewed thereafter at Fortis Hospital, G.B. Pant Hospital and latest at AIIMS in January, 2020.

Since the nature of patient’s illness surgical, a physical examination is warranted for the treating surgeon to decide on future course of treatment may be considered accordingly.”

8. A perusal of the said medical report shows that the petitioner would require medical examination by an appropriate doctor. However, learned counsel for the respondent states that it would not be advisable to direct that the petitioner be produced before the concerned doctor for purpose of medical examination given the present pandemic situation. He submits that experience of the jail authorities has been that where convicts have been taken for medical examination to hospitals, some of them have caught infection of COVID-19. He further submits that after the petitioner is returned back to the jail pursuant to the medical 61

examination, he will be quarantined for 14 days. 9. I have perused the nominal roll of the petitioner. As per the said nominal roll, the petitioner has been in judicial custody for a period of 13 years 6 months and 13 days. His jail conduct for the last one year has been satisfactory. He jumped parole and was re-arrested on 04.04.2013. He has thereafter been on furlough on various occasions where he has at the end of the furlough period duly surrendered. 10. Keeping in view the facts and circumstances including the medical condition of the petitioner, which is reflected in the medical report and the current pandemic, in my opinion, it would be appropriate that the petitioner is released on parole for a period of four weeks from the date of his release on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent, and subject to following conditions: i) he will provide his mobile number at the time of his release to the SHO, P.S. Seelampur, which shall be kept in working condition at all times and shall not be changed; ii) he will report every Monday at 11:00 a.m. to the SHO, P.S. Seelampur; iii) he will not leave the jurisdiction of the National Capital Territory of Delhi without prior permission of the concerned court; iv) he will place on record the details of the medical treatment received during this period, a copy of which shall also be filed before the Jail Superintendent. v) he shall duly surrender at the end on the expiry of parole period before the Jail Superintendent. 62

11. A copy of this order be sent by the Registry by e-mail to the Jail Superintendent, Tihar for information and necessary compliance. 12. With the above directions, the petition is disposed of.

JAYANT NATH, J. JUNE 12, 2020/v 63 ANNEXURE A12 (colly)- True Copy of Order(s) of this Hon’ble Court in W.P. (Crl.) No. 873 of 2018 dated 03.04.2020 & 30.04.2020

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 673/2018 MEHMOOD TOPIWALA ..... Petitioner Represented by: Mr. Sarthak Maggon, Adv.

versus

STATE (NCT OF DELHI) ..... Respondent Represented by: Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. with Mr. Jorawar Singh, Law Officer Tihar, with Mr. Ram Mohan, Supdt. CJ-2, Dr. Mohit, MO CJ-2, Mr. Prashant Verma, OIC Legal. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R % 03.04.2019 Crl.M.A. 6745/2018 By this application the petitioner had stated that the order dated 18th December, 2018 has not been complied with in complete spirit. This Court has thus called for the medical file of the petitioner as also petitioner was directed to be produced in Court. As per the prescription from AIIMS besides the medicines petitioner is required to be given hot water fomentation and back stretching exercises. For the hot water fomentation the petitioner admits that he has been given hot water bottle which he is regularly using and is helping him. He also states that he has been taught how to do back stretch exercises which he is doing daily in the morning himself. W.P.(CRL) 673/2018 page 1 of 2 64

Though no further orders are required to be passed in this application and the same is disposed of, however the petitioner informs that though in each jail there are physiotherapy units however the machines therein are generally not functioning. Director General (Prisons) had filed an affidavit in W.P.(CRL) 1573/2018 that physiotherapy units have been set up in each jail and the machines which are functional have been provided. To ascertain whether the physiotherapy machines in each jail are functional or not, this Court appoints Mr. Dhruv Sharma, Advocate to visit all the jail complexes i.e. Tihar, Rohini and Mandoli and inspect the physiotherapy units in each of the jails and ascertain how many machines are installed and whether they are functional. He will also ascertain from the record as to how many prisoners have availed the facility of physiotherapy machine on an average per day in each jail. The Director General (Prisons) is directed to ensure that necessary assistance in this regard is provided to Mr. Dhruv Sharma, Advocate who will visit the jail as a Court Commissioner. Order dasti to Mr. Dhruv Sharma, Advocate and learned Standing Counsel for the State. Awaiting the report of Mr. Dhruv Sharma, Advocate renotify on 30th April, 2019. Crl.M.A. 48294/2018 List on 30th April, 2019.

MUKTA GUPTA, J. APRIL 03, 2019 ‘ga’ W.P.(CRL) 673/2018 page 2 of 2 65

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 673/2018 MEHMOOD TOPIWALA ..... Petitioner Represented by: Mr. Sarthak Maggon, Advocate.

versus

STATE (NCT OF DELHI) ..... Respondent Represented by: Mr. Rahul Mehra, Standing Counsel for the State with Mr. Chaitanya Gosian and Mr. Amanpreet Singh with SI Alok Bajpai, Spl. Cell. Mr. Dhruv Sharma, Court Commissioner. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R % 30.04.2019 Crl.M.A. No. 48294/2018 1. A report has been handed over by the Court Commissioner which is taken on record. As per the report on inspection at Tihar Jail, physiotherapy unit was found at the centralised hospital in Jail No. 3 and women prison in Jail No. 6. Even taking the number of prisoners lodged in Jail No. 3 which have been told to the Court Commissioner as 2150, out of 11 machines 8 were found operational and average number of prisoners availing the facility per day was only 11 which is abysmally low. Further the physiotherapist comes three days in a week. Thus, it appears that either some prisoners who are chosen few or in whose favour Court orders are passed are only given physiotherapy facility because it is hard to believe that out of the male population of 2150 in Tihar W.P.(CRL) 673/2018 page 1 of 3 66

Jail No. 3 only 11 prisoners need physiotherapy facility. Similarly, in the women’s jail out of the 8 machines installed only three were found operational and average number of female prisoners availing the facility per day from the records maintained in the jail was found to be five with the physiotherapist visiting on Tuesday and Saturday only. 2. In Rohini Jail total number of prisoners being 1651, 12 physiotherapy machines were found out of which 11 were operational and on an average 12 patients were seen by the doctor on the visit which is once a week. It is thus evident that only 12 prisoners once a week are using the machines. 3. As far as Mandoli Jail is concerned, Jail No. 13 of Mandoli Jail has a centralised hospital. Population in jail No. 13 is 398 with 10 physiotherapy machines of which all are operational, however, the physiotherapist visits on Thursday only and the average number of prisoners seen by the doctor on the visit at the physiotherapy unit were two. It is thus evident that only two persons were availing the physiotherapy once a week. 4. It is beyond comprehension that out of the prison population of 10,500 in Tihar Jail, 1651 prisoners in Rohini and about 4,500 prisoners in Mandoli only 11 prisoners in Tihar in 3 days and 12 prisoners in Rohini and 2 prisoners in Mandoli are availing the facility of physiotherapy. So, in total 25 prisoners are availing the facility of physiotherapy in a week. 5. Learned counsel for the State on instructions from the Assistant Superintendent Legal, Mr. Amresh Goyal, states that every jail has a mini physiotherapy unit with the same set up. The Court Commissioner had gone for inspection at Tihar Jail and had visited the office of the DG Prisons where

W.P.(CRL) 673/2018 page 2 of 3

the DG Prisons was not present and he was taken to the units for which he has prepared a report. An explanation will be render as to why proper assistance was not given to the learned Local Commissioner who could have then inspected all the jails and found out the actual use in each jail, as per the claim of the learned Standing Counsel based on instruction who states that each jail has a physiotherapy unit. 6. The learned Local Commissioner will re-visit the three jails at the date and time of his choice which will be informed to the learned Standing Counsel for the State who will facilitate the visit of the learned Local Commissioner. Learned Local Commissioner would visit each individual jail and prepare a report on the physiotherapy facilities available in each individual jail and the number of prisoners availing the same every week. 7. Learned Standing Counsel for the State also informs that as per Chapter XXIX Delhi Prison Rules 2018, a Board of Visitors has to be appointed which is required to visit the Tihar Jail and monitor the working there of. 8. An affidavit will be submitted by the Principal, Secretary Home as to whether the Board of Visitors as provided under Rule 1638 to 1642 of the Delhi Prison Rules 2018 has been notified or not and if not the likely time for its notification. 9. Awaiting the report of learned Local Commissioner, renotify on 11th July, 2019. 10. Order dasti to learned amicus curiae and learned Standing Counsel for the State. MUKTA GUPTA, J. APRIL 30, 2019 ‘yo’

W.P.(CRL) 673/2018 page 3 of 3 7/6/2020 Sarthak Maggon Law Offices Mail - Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem… ANNEXURE A13- The E-mail from the Petitioner & other Advocates to the 68 various Prison Authorities Sarthak Maggon

Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem Singh 3 messages

Sarthak Maggon Tue, Jun 30, 2020 at 6:50 PM To: [email protected], [email protected], [email protected], [email protected], [email protected], scj2-tihar , [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], Satyakam Advocate , Compliance Team

Dear Sirs,

In furtherance of the order passed in a PIL ﬁled by the undersigned tled "Sarthak Maggon v. Union of India & Ors." bearing number W.P. (C.) No. 3778 of 2020, please note that the status report ﬁled on behalf of the Superintendent, PHP, Tihar through State of NCT of Delhi represented by Mr. Satyakam, Adv. (marked herewith) has been reproduced:

STATUS REPORT MOST RESPECTFULLY SHOWETH: 1. That the present status report is being filed in reference of order dated on 15.06.2020 passed bythisHon'ble High Court of Delhi in W.P. (Civil) No. 3520/2020. 2. That vide order dated 23.03.2020 issued by the Hon'ble High Court of Delhi that funconing of all the subordinate Courts were suspended ll 04.04.2020 and extended the same me to me ll 30.06.2020. The Hon_x0019_ble High court vide latest order dated 13.06.2020 has directed that all the subordinate courts, shall take up urgent cases (except where evidence is to be recorded) of their respecve courts through Video Conferencing mode. The other maers be adjourned accordingly. 3. That the circular No. F. 10(3598848)/CJILegal/2020/20016 dated 25.03.2020 was issued to suspend the legal interview for me being ll the situaon get normal, based on the guidelines on the measuresfor containment of COVID -19 epidemic in the country. The telephone facility is being provided to them to interact with their legal counsels and family members. 4. That with regard to prayer for direcons seeking to allow the legal interview/legal consultaon/legal advice/draing of cases of the jail inmates with their advocates of their choices. it is submied that Delhi Prison has started the facility of Video Conferencing of prisoners with the vising panel advocates of the Delhi High Court Legal Services Commiee recently w.e.f. 22.06.2020 for legal aid to prisoners in respect of their cases in Delhi High Court. https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar3913998808816526618&simpl=msg-a%3Ar166297108… 1/5 7/6/2020 Sarthak Maggon Law Offices Mail - Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem… 5. It is submied that Video Conferencing facility of women prisoners of Central Jail No-6.69 Tihar has been started with effect from 24.6.2020 with their private counsels on basis of request received from their counsel. It is submied that this facility will also be extended to remaining prisons within a period of 1015 days. it is pernent to menon that phone facility is already being provided to the jail inmates who desire to talk to their private counsels. 6. That it is submied that the request of private counsels/ peoner for Video Conference received by Jail Authority will also be considered in urgent cases like filing the Bail applicaon/ urgent peons before hon'ble court or preparing argument for hearing. 7. That aer a fortnight Prison Department may extend the Video Conferencing facility to other private lawyer/prison for weekly legal interview. 8. That it is also submred that as and when the situaon is normal all the facilies as was previously available will be restored. 9. This is for kind perusal and consideraon of the Hon'ble Court. 27.06.2020 Superintendent, PHP (Tihar), TIHAR, NEW DELHI The details of the convicts that I have made applicaons for meeng are provided herewith: 1. Mr.Duli Chand S/o Kali Charan in case FIR no. 165/96 under secon 363/365/366/376 Indian Penal Code, Police Staon Trilok Puri.- Central Jail No. 2 2. Shri Nath Chauhan S/o ShriPrem Singh in case FIR no. 196/2003 under secon 302 Indian Penal Code, Police Staon Badli, Delhi-Semi Open (CJ-2)

We have made several aempts to reach the convicts, therefore please make the following arrangements for tomorrow:

1. Organizing legal meeng with convict Dhuli Chand and also for provision of scanned copies of vakalatnama and any documents that the convict may require to provide: (i) Mulakat be organized telephonically at 3pm (preferably through video conference) (ii) Mulakat must be scheduled for atleast 20 minutes and maximum 30 minutes, per rules (iii)The devices used must be properly sanized and convicts must be provided masks (iv) Email ID for complaints regarding connecvity, if any, may be provided to ensure swi mulakat (v) Scanned copy of vakalatnama be provided immediately thereaer (copy provided on email) (vi) The designated jail oﬃcial through the concerned Superintendent must provide any informaon/documents, as may be required by the Peoner. 2. Organizing legal meeng with convict Shri Nath and also for provision of scanned copies of vakalatnama and any documents that the convict may require to provide:

https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar3913998808816526618&simpl=msg-a%3Ar166297108… 2/5 7/6/2020 Sarthak Maggon Law Offices Mail - Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem… i. Mulakat be organized telephonically at 3:30pm (preferably70 through video conference) ii. Mulakat must be scheduled for atleast 20 minutes and maximum 30 minutes, per rules iii. The devices used must be properly sanized and convicts must be provided masks iv. Email ID for complaints regarding connecvity, if any, may be provided to ensure swi mulakat v. Scanned copy of vakalatnama is already provided vi. The designated jail oﬃcial through the concerned Superintendent must provide any informaon/documents, as may be required by the Peoner. I am annexing the order in the said maer. I have also been receiving calls from other Advocates who are concerned about the health and well-being of their clients due to the insistence of their families. It has been brought to our noce that Advocates have been waing since the past several days to connect with their clients especially in Mandoli Prison Complex, Nand Nagri. You are requested to allow my request for legal mulakat for tomorrow without any further delay. Further, you are requested for seng up telephone lines in the meanme and widely circulate the numbers for scheduling legal mulakats. The public anxiety including that of family member and lawyers is at its peak.

Kind regards,

Sarthak Maggon Founder & Principal Advocate

Sarthak Maggon Law Offices Advocates, Solicitors & Legal Consultants p: 011-49433954 m: +917045654395 w: www.smlawoffices.in e: [email protected] a: 7/34-B, L.G.F., Jangpura-B, New Delhi-110014

Privileged and Confidential email from Sarthak Maggon Law Offices The information contained in this communication (including any attachment(s) hereto) (collectively, “Communication”) is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Sarthak Maggon Law Offices (“SM Law”) and the intended recipient. Unauthorized use, disclosure or copying of this Communication or any part thereof is strictly prohibited and may be unlawful. If you have received this Communication in error, please notify us immediately by return e-mail, and destroy this Communication and all copies thereof. SM Law is not liable for the improper transmission of this Communication or for any damages sustained as a result of this Communication.

Please contact our Compliance Department via e-mail [email protected] for further assistance

Sarthak Maggon Tue, Jun 30, 2020 at 6:57 PM To: [email protected], [email protected], [email protected], [email protected], [email protected], scj2-tihar , [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar3913998808816526618&simpl=msg-a%3Ar166297108… 3/5 7/6/2020 Sarthak Maggon Law Offices Mail - Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem… [email protected], [email protected], [email protected], Satyakam Advocate , Compliance Team 71 Cc: [email protected]

Dear Sirs,

As stated, please find attached the order and screenshots of my attempt at applying online on the National Prisons Portal

Kind regards,

Sarthak Maggon Founder & Principal Advocate

Sarthak Maggon Law Offices Advocates, Solicitors & Legal Consultants p: 011-49433954 m: +917045654395 w: www.smlawoffices.in e: [email protected] a: 7/34-B, L.G.F., Jangpura-B, New Delhi-110014

Please contact our Compliance Department via e-mail [email protected] for further assistance

[Quoted text hidden]

2 attachments Emulakat_NPIP_30.06.2020.docx 1666K Sarthak Maggon v. UOI.pdf 7K

Sarthak Maggon Wed, Jul 1, 2020 at 2:16 PM To: [email protected], [email protected], [email protected], [email protected], [email protected], scj2-tihar , [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], Satyakam Advocate , Compliance Team Cc: [email protected], [email protected]

Dear Sirs,

We have received another request from Adv. Raunak Satpathy for conducting an expeditious legal interview with his Client. Details are as follows:

Accused- Sanjay Choudhary Lodged in Fir No. 47/18, 58/18 in special quarantine cell, S/o - chittar singh Ward number - 14 (spcl quarsntine ward for new entrants) Ps - EOW U/S - 406,420,120-B https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar3913998808816526618&simpl=msg-a%3Ar166297108… 4/5 7/6/2020 Sarthak Maggon Law Offices Mail - Regarding Legal Mulakat with convict Dhuli Chand S/O Kali Charan and Shri Nath Chauhan S/O Prem… Please organize a legal mulakat at the earliest in furtherance of the foregoing email trail. Mr. Satpathy can be reached at: +91 97179 59373 and [email protected] 72

Kind regards,

Sarthak Maggon Founder & Principal Advocate

Sarthak Maggon Law Offices Advocates, Solicitors & Legal Consultants p: 011-49433954 m: +917045654395 w: www.smlawoffices.in e: [email protected] a: 7/34-B, L.G.F., Jangpura-B, New Delhi-110014

Please contact our Compliance Department via e-mail [email protected] for further assistance

[Quoted text hidden]

https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar3913998808816526618&simpl=msg-a%3Ar166297108… 5/5 7/6/2020 Sarthak Maggon Law Offices Mail - Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_… ANNEXURE A14- True Copy of the representation dated 02.07.2020 to the High Powered Committee by the Petitioner. 73 Sarthak Maggon

Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_For consideration of High Powered Committee, Delhi High Court 1 message

Sarthak Maggon Thu, Jul 2, 2020 at 1:20 PM To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], Compliance Team

Kind Attention:

Hon’ble Chairperson & Members High Powered Committee High Court of Delhi

Dated- 01.07.2020

SUBJECT- REQUEST TO PROVIDE COPIES OF MINUTES OF MEETING OF THE HIGH POWERED COMMITTEE TO PRISON INMATES AND CONVICTS IN ‘HINDI’ LANGUAGE THROUGH CONVENIENT AND PROMPT CHANNELS AND FOR DISSEMINATION OF THE SAID MINUTES TO THE CONVICTS AND THEIR FAMILIES AT LARGE THROUGH ALL POSSIBLE MODES

Respected Chairperson,

1. My name is Sarthak Maggon and I am a practising Advocate before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi/Bombay and Hon’ble District Courts of Delhi, Goa and Mumbai. I am registered with the Delhi Bar Council, Delhi High Court Bar Association and New Delhi Bar Association, Patiala House Courts. I am also the founder of a non-profit initiative- “Aseemit Project Foundation”, wherein we endeavour to provide pro bono legal services to undertrials and convicts who are incarcerated and corporate access to justice for early stage startups. We also represent the interests of incarcerated persons through Public Interest Litigation(s) before the Hon’ble High Court of Delhi towards attainment of Prisoners’ Rights. In a recently filed petition titled “Sarthak Maggon v. Union of India & Ors.” bearing no. W.P.(C.) No. 3778 of 2020 [PIL], the Hon’ble Division Bench comprising of Hon’ble the Chief Justice and HMJ Prateek Jalan, the issue of e-mulakats and electronification of prison premises was agitated and notice has been issued in the said matter.

2. I am writing this representation to Your Ladyship to draw your kind attention to a pertinent, yet resolvable issue. The Minutes of the Meeting(s) of this Hon’ble High Powered Committee, which discuss exceedingly important issues related to incarcerated persons, https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar-3250116596248877727&simpl=msg-a%3Ar36853695… 1/5 7/6/2020 Sarthak Maggon Law Offices Mail - Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_… although being present in the Public Domain, are not being made available in ‘Hindi’ 74 Language. Moreover, copies of these Minutes of Meetings are not being circulated for the benefit and information of the incarcerated persons. Considering the import of the issues being discussed by Your Ladyship and other Members of this Hon’ble High Powered Committee, it is imperative that the issues being discussed, the measures already taken, and the solutions being put forth are brought to the notice of these incarcerated persons. It is also brought to the attention of Your Ladyship, that the purport of the discussions, which are being made available to the general public are not being understood and supplied effectively to the very persons, for whose benefit these discussions are being held. It must be noted that during the past three months, we have received several frantic calls portraying mass hysteria amongst the family members and prison population alike, to understand the decisions made by the government especially in relation with extension of emergency parole, reasons for rejection of grant of emergency parole, status and medical health of incarcerated inmates, measures adopted by prison administration, spread of Covid 19 in the prison complexes etc. While through the organization we are attempting to reach out to our already released clients and keep them updated through short podcasts recorded in Hindi, there still remains conjecture since the same is not established through governmental channels or duly published in newspapers etc.

3. The Hon’ble High Powered Committee under the able guidance of Your Ladyship as the Chairperson, has discussed extremely pertinent issues that are cardinal to the conduct of the prison population and administration in these challenging times. A brief list of issues discussed and probed by this Hon’ble Committee, which have a direct bearing on the lives of the incarcerated persons but were not actively brought to their notice, include inter alia-

(i) Conditions for ‘Interim Bail’ in addition to the directions of the Hon’ble Supreme Court of India in Shobha Gupta &Ors. Vs. Union of India &Ors. W.P. (C) No.2945 of 2020;

(ii) Grant of ‘Emergency Parole’ pursuant to the order of the Government of NCT Delhi vide order no.F 18/191/2015/HG/1428-1438 dated 27.03.2020;

(iii) Conditions of ‘Remission of Sentence’;

(iv) Measures being adopted throughout Prisons in NCT of Delhi for Social Distancing, Hygiene Practices, Screening, Prevention and Treatment related to Covid-19;

(v) Fresh Conditions of grant of ‘Interim Bail’ to persons suffering from specified categories of illnesses;

(vi) Number of Covid-19 cases amongst inmates in other Prisons, rate of spread of Covid- 19 in prison populations.

https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar-3250116596248877727&simpl=msg-a%3Ar36853695… 2/5 7/6/2020 Sarthak Maggon Law Offices Mail - Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_… 4. The abovementioned issues are a few of the extremely relevant issues discussed by this75 Hon’ble Committee, which should be communicated directly on Order of this Hon’ble Committee to the prison inmates and those released on emergency parole through efficient and appropriate channels. The incarcerated persons have a ‘Right to Know’ which is protected as a Fundamental Right under Article 19 (1) (a) of the Constitution of India. Therefore, this Hon’ble High Powered Committee may consider, and discuss in their next session, the issue of making the information available to the incarcerated persons either directly or indirectly. The Hon’ble High Court of Delhi in Court of Its Own Motion vs Government of NCT Delhi WP(C) 2080/2020 vide order dated 22.06.2020, has directed the use of telephonic and any other electronic means to convey the extension of ‘Interim Bail’ to undertrial prisoners. Therefore, the findings of this Hon’ble Committee have been propagated through electronic means to reach the persons concernedand it is a humble plea that the same may be carried forward. Further, suggestions given to through this representation may also be considered by the Hon’ble Committee.

5. Though the Minutes of Meetings of this Hon’ble Committee are made available to the general public, the same are recorded in the ‘English’ Language. It is a sincere request to consider the amplitude of the Hindi-speaking/reading population in the NCT of Delhi alone. As per the Census of India- Paper 1 of 2018, titled “Language India, States and Union Territories”, out of every 10,000 persons in NCT of Delhi, 8492 are Hindi speaking. Further, the Prisons of Delhi hold the 3rd highest number of Domicile convicts in India as per the “Prison Statistics India 2018” Report by the National Crime Records Bureau, which means that a significant number of the prison population of NCT of Delhi is Hindi speaking/reading. Thus, it is imperative that the Minutes of Meetings of this Hon’ble Committee are presented in the Public Domain as well as to the prison population in ‘Hindi’ language as well.

6. It is brought to the kind attention of this Hon’ble Committee, that vide Circular dated 08.08.2019, the Arts,Culture and Language Department of the Government of NCT Delhi, had reiterated the importance of the use of ‘Hindi’ language in Governmental communication to the general public. It was stated, that ‘Hindi’ ( being the First Official Language of NCT of Delhi as per Delhi Official Language Act, 2000 ) should be utilised in all communication related to governance of people. Therefore, this Hon’ble Committee, in furtherance of the directions of the Government of NCT Delhi may provide a ‘Hindi’ language translated copy of past meetings, and a ‘Hindi’ language transcript of all Minutes of Meeting henceforth.

7. It is also brought to the kind attention of this Hon’ble Committee, that owing to the low literacy rates of the prisons of NCT of Delhi, special arrangements may be made for the https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar-3250116596248877727&simpl=msg-a%3Ar36853695… 3/5 7/6/2020 Sarthak Maggon Law Offices Mail - Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_… effective communication of solutions, concerns and measures discussed by this Hon’ble76 High Powered Committee. As per the “Prison Statistics India 2018” Report by the National Crime Records Bureau the Education Profile of Prisoners in Delhi indicates, that majority of the Prison Population of NCT of Delhi is either illiterate, or has studied only till primary level (below Matriculate Level).. The idea of ‘inclusion’ is inherent in our Constitution and should be given its full effect. Moreover, without effective and complete information, the initiatives related to the safety and well-being of the incarcerated persons may never reach the grass root level. This leaves an imminent risk of the non-utilisation of the appreciable measures undertaken by this Hon’ble Committee.

8. As an Advocate, and a publicly spirited citizen, it is a humble request that the averments made in this representation to this Hon’ble High Powered Committee may be given due consideration. It is also humbly requested that the abovementioned issued may be discussed at the next Meeting of this Hon’ble Committee. A list of suggestions and recommendations to the issues pointed out are provided hereinbelow:

(A) ‘Hindi’ Translated Copies of the Minutes of Meeting may be provided along with English copies;

(B) A brief summary/ notification may be sent via mass SMS to the Sureties of Undertrials, and to other known persons of the Convicts from the Jail/Visitor Directories, as the Prison Administration may deem fit;

(C) A brief summary/ notification of the Minutes of Meeting may be affixed at common places inside the Prisons, in a higher number so as to avoid crowding in one place;

(D) Information related to Conditions of Bail/Parole/Early Release and any other information directly effecting the rights of the incarcerated person may be communication over Telephone or any other electronic means to him/her or their family/friend;

(E) Information related to the rights of the incarcerated person may only be transmitted to the family/friend of the incarcerated person, if the telephonic/video conferencing mulakat system is fully functional;

(F) For the benefit of the incarcerated persons who are illiterate, or have any difficulty reading, the Information may be announced of the ‘Public Announcement Systems’ in prisons at scheduled times of the day or through national dailies published in Hindi for those released on emergency parole.

9. This representation has been an endeavour to address the practical issues being faced by incarcerated persons, and their lack of access to information that directly concerns them. The same may be considered and addressed at the earliest.

10. The undersigned shall be available for any assistance, if and when required. https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar-3250116596248877727&simpl=msg-a%3Ar36853695… 4/5 7/6/2020 Sarthak Maggon Law Offices Mail - Access and Accessibility of Justice_Translation of HPC Minutes in Hindi and for Public Dissemination_… Kind regards, Taype text here 77 Sarthak Maggon Founder & Principal Advocate

Sarthak Maggon Law Offices Advocates, Solicitors & Legal Consultants p: 011-49433954 m: +917045654395 w: www.smlawoffices.in e: [email protected] a: 7/34-B, L.G.F., Jangpura-B, New Delhi-110014

Please contact our Compliance Department via e-mail [email protected] for further assistance

https://mail.google.com/mail/u/0?ik=1197ddb0c4&view=pt&search=all&permthid=thread-a%3Ar-3250116596248877727&simpl=msg-a%3Ar36853695… 5/5 ANNEXURE A15-True Copy of order of this Hon’ble Court in 78 W.P. (CRL.) 948/2020 dated 03.07.2020

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 948/2020

DEVANGANA KALITA ..... Petitioner Through: Mr Adit S. Pujari, Mr Chaitanya Sundriyal Ms Tusharika Mattoo and Mr Kunal Negi, Advocates.

versus THE SUPERINTENDENT CENTRAL JAIL NO.6 TIHAR, NCT OF DELHI & ANR ..... Respondents Through: Mr Chaitanya Gosain, Advocate for Mr Rahul Mehra, Standing Counsel for State.

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER % 03.07.2020 [Hearing held through video conferencing]

1. A status report has been filed, which indicates that the grievances raised by the petitioner have been addressed. 2. Mr Pujari, learned counsel appearing for the petitioner also confirms the same. Notwithstanding the same, he states that there are some additional issues that are not pleaded in the petition but require to be addressed. He submits that the petitioner requires (i) a headphone to maintain privacy of the conversation between her and her counsel; (ii) the facility to share documents online as the same is necessary for an effective consultation with her counsel for preparing her defense; (iii) that the provision of books and 79

reading material not be limited to academic books but be extended to other books as well; and (iv) that the video conferencing facility be provided to confer with her counsel twice a week for atleast 30 minutes on each occasion. He submits that the similar issues were considered by a coordinate bench of this Court in a connected petition – W.P.(CRL.) 942/2020 captioned ‘Natasha Narwal v. The Superintendent Central Jail 6, Tihar, NCT of Delhi & Anr. – and by an order dated 30.06.2020 all the said issues have been addressed. He submits that the petitioner would be satisfied if the present petition is disposed of in terms of the order dated 30.06.2020 passed in W.P.(CRL.) 942/2020. 3. Mr Gosain, learned counsel appearing for the State states that he has no objection to the said prayer. 4. In view of the above, this Court considers it apposite to dispose of the present petition in view the status report filed by the respondents with a further direction that insofar as other issues as noticed in this order are concerned, the benefit of the order dated 30.06.2020 passed in W.P.(CRL.) 942/2020 would be extended to the petitioner as well. It is so directed.

VIBHU BAKHRU, J JULY 03, 2020 MK 7/7/2020 Sarthak Maggon Law Offices Mail - Service: Sarthak Maggon v. Union of India & Ors.- Legal Mulakat/Access to Justice PIL 80 Sarthak Maggon

Service: Sarthak Maggon v. Union of India & Ors.- Legal Mulakat/Access to Justice PIL

Sarthak Maggon Tue, Jul 7, 2020 at 12:00 AM To: Satyakam Advocate Cc: Mohd Muqeem , sunil dhc , Sarsij Kumar , Ramesh Singh , [email protected], scj2-tihar , [email protected], [email protected], [email protected], Compliance Team , [email protected], [email protected]

Dear All,

Find attached a copy of the reply/WS to the status report.

Kind regards,

Sarthak Maggon Founder & Principal Advocate

Sarthak Maggon Law Offices Advocates, Solicitors & Legal Consultants p: 011-49433954 m: +917045654395 w: www.smlawoffices.in e: [email protected] a: 7/34-B, L.G.F., Jangpura-B, New Delhi-110014

Please contact our Compliance Department via e-mail [email protected] for further assistance

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Written Submissions by Petitioner- Sarthak Maggon vs UOI & Ors. WP (C) 3778 of 2020.pdf 7054K

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