STATE THROUGH OFFICE OF DIRECTOR GENERAL, PRISONS v. ZOYA KHAN
CRL.M.C./4278/2025 · 2026-04-28
Prateek Jalan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1769 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1769 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL.M.C. 4278/2025 $~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4278/2025, CRL.M.A. 18652/2025, CRL.M.A. 29798/2025 STATE THROUGH OFFICE OF DIRECTOR GENERAL, PRISONS .....Petitioner Through: Mr.Sanjeev Bhandari, ASC (Crl.) with Mr.Arjit Sharma and Ms.Sakshi Jha, Advocates with Inspector Dheeraj and SI Ankur, Special Cell/NDR versus ZOYA KHAN .....Respondent Through: Ms.Joshini Tuli, Ms.Meena Tuli and Ms.Shristi Pandey, Advocates
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 28.04.2026
1. The State has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking setting aside of the
order dated 01.05.2025 passed by the learned Magistrate, whereby an application filed by the respondent seeking permission for a meeting with her husband, who is also lodged in Tihar Jail, Delhi, was allowed.
2. The respondent has been lodged in Central Jail No. 6, Tihar Jail, since 28.02.2025. She is accused in several criminal cases. Her husband, Asim Khan @ Hasim Khan @Hashim Baba, is lodged in Central Jail No. 1, Tihar Jail.
3. The respondent filed an application before the learned Magistrate seeking a physical meeting with her husband, relying upon Rule 592 of the Delhi Prison Rules, 2018.
4. Although the State challenged the said order by way of the present petition, during the course of proceedings, a status report was filed yesterday by the Special Cell, which states as follows: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 11:42:26
CRL.M.C. 4278/2025
“2. It is further respectfully submitted that the matter was discussed with the senior officers, and it has been decided that the respondent may be permitted to have a physical mulakat with her husband, subject to the condition that one female and one male police official shall remain present throughout the physical mulakat, and the entire proceedings shall be audio-visually recorded.”
5. The Jail Superintendent has also filed a status report, which is handed up in Court and taken on record.
6. The proposal extracted above is also agreeable to Ms. Joshini Tuli,
learned counsel for the respondent. However, she submits that the condition of audio-visual recording of the physical mulakat be reviewed after three months.
7. Mr. Bhandari, learned Additional Standing Counsel (Criminal), on instructions, accepts this suggestion.
8. In view of the above submissions, the petition is disposed of with the direction that the respondent shall be permitted a physical mulakat with her husband once a week, on the terms mentioned in paragraph 2 of the status report above. The condition pertaining to audio-visual recording shall be reviewed after three months.
9. It is made clear that this order will not preclude the Jail Authorities from proceeding in accordance with the Jail Manual, in the event the mulakat is to be suspended on disciplinary grounds.
10. The petition, alongwith the accompanying applications, is thus
disposed of.
PRATEEK JALAN, J APRIL 28, 2026 ‘sv/JM’/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 11:42:26