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The Delhi High Court observed that the advantage of the order which went in the appeal by Natasha Narwal with regards to privacy will be stretched out to Devangana Kalita too (Devangana Kalita v. Superintendent, Central Jail 6 Tihar, NCT of Delhi and Anr).
In like manner, the Court has directed that Kalita will likewise have access to earphones, share screen facility during video conferencing with her lawyer and access to books. Bi-weekly interviews of 30 minutes may likewise be permitted beyond what many would consider possible, subject to alterations, the Court held.
Pinjra Tod members Narwal and Kalita are in judicial custody at Tihar Jail with respect to the Delhi riots cases.
The order was passed by a Single Judge Bench of Justice Vibhu Bakhru. A month ago, the Court had given notification in Kalita's appeal looking for a direction from the Tihar Jail authorities to permit her access to her lawyer by method of video conferencing. A comparable petition was filed by a Narwal, which came up for hearing before a Bench of Justice C Hari Shankar.
While this appeal stayed pending, Tihar Jail Authorties filed a status report in Narwal's plea asserting that video conferencing with private counsel had been permitted in Jail No 6 where the two Pinjra Tod individuals are kept.
After some extra requests with respect to protection of privacy during lawful meetings and access to a wide range of books were not objected to by the prison specialists, Narwal's petition was discarded.
Since a comparable affidavit was filed by Tihar Jail in Kalita's petition, counsel for Kalita presented that they would be fulfilled if Kalita's appeal is discarded as far as the order went for Narwal's situation.
Counsel for Kalita in this way prayed for earphones and facility to share documents online during virtual meetings, access to books and two legitimate meetings of a minimum of 30 minutes out of every week.
Counsel Tihar Jail expressed that he had no issue with the prayer.
The Court thus ordered,
"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."
-Delhi High Court
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