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Delhi HC Directs DSLSA To Inform Jail Authorities Of Relevant Laws, Case-Laws, Prisoner Rights
A prisoner was granted bail on both the cheque bounce cases against him yet he was unlawfully detained for 10 days. On this, the Delhi HC put forth an opinion that officers posted in the jails, particularly, specifically the ranks of the Superintendents, Deputy Superintendents and Assistant Superintendents must be informed about their obligations and duties as per the law so that this incident does not repeat further.
On Thursday, The DG (Prisons) presented an unconditional apology because the Superintendent, Central Jail-I had submitted an unsuitable explanation for unlawfully detaining the petitioner in prison, also including that the petitioner could not be released for want of release orders.
The Director-General (Prisons), Delhi last month was directed by Justice Hima Kohli and Justice Subramaniam Prasad to conduct an inquiry to find how many incidents of unlawful detention had taken place. That is, How many times the prisoners were not released within 24 hours of being granted bail by a competent court where there is no reason regarding the prisoner to detain.
The report submitted by the DG read that at least 1.5 lacs prisoners have been released during the past three years and the court will need a lot of time and effort to compile the data of all of them as per its directions.
The court recorded that 14 Law Officers are being appointed on a contractual basis and soon they will be available to jails individually for advice and guidance, wherever required. The bench noted that "D.G. (Prisons), who is present in the hearing, has assured this court that after a lot of introspection, it has been decided that course correction is warranted within the Department"
The bench opined in response to the explanation submitted by the Superintendent, Central Jail-I for unlawfully detaining the prisoner beyond 20.06.2020 that the officers must be apprised of their duties and obligations. Following this, the court added that Member (Secretary), Delhi State Legal Services Authority (DSLSA) is directed to arrange online workshops, tailor-made for the said purpose. the Prison (Headquarters) will appoint Superintendents, Deputy Superintendents and Assistant Superintendents, Jail and all the 14 Law Officers who will have to attend the workshops on the scheduled date in consultation with the D.G. (Prisons).
The DSLSA shall conduct workshops regularly or at least once a year in accordance with the DG. The workshop will be concentrated on discussing case laws, relevant provisions of laws, making a fine distinction of law relating to the prisoners and their rights, and the duty of the jail authorities amongst them.
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