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2025 DAILYLAW 28803 (DEL)

SUKASH CHANDRASHEKHAR v. STATE(GOVT OF NCT OF DELHI)

W.P.(CRL)/2915/2024 · 2025-01-21

Manmeet Pritam Singh Arora

Writ Petition (Criminal)body2025

Judgment text

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$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2915/2024 SUKASH CHANDRASHEKHAR .....Petitioner Through: Mr. Anant Malik, Ms. Isha Tripathi, Advocates (through VC) versus STATE(GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC with Mr. Arjit Sharma, Mr. Nikunj Bindal, Advocates Insp. Rakesh Roshan, EOW CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 21.01.2025 W.P.(CRL) 2915/2024 1. The present petition has been filed seeking the following reliefs: - “1. To call for status report regarding the action taken in term of the order dated 20.08.2024 in WP CRL 2481/2024 passed by the Hon’ble High Court 2. Direct the Respondent/ Jail Officials to permit the Petitioner to have four virtual meetings per week with his legal counsel, as opposed to the current allowance of two meetings per week.” 2. Learned counsel for the Petitioner states that prayer clause ‘1’ does not survive for consideration. 3. He states that however the Petitioner is seeking relief in terms of prayer clause ‘2’ noted hereinabove. 4. He submits that currently the Petitioner is being granted mulaqat with 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 24/01/2025 at 16:49:10 his legal counsel through video conferencing on Tuesday and Friday for 30 minutes each. 5. He states that considering the multiple number of cases which the Petitioner is defending in various jurisdiction all over the country, the Petitioner requests for two (2) additional mulaqats of 30 minutes each in a week. 6. He states in all the Petitioner is seeking four mulaqats of 30 minutes each in a week. 7. Mr. Sanjeev Bhandari, learned ASC states that the number of mulaqats being granted to the Petitioner are sufficient, and in keeping with policy being followed for all the inmates. He relies upon the judgment dated 16.02.2023 of the Division Bench of this Court in Writ Petition (C) 2108/2020 titled Jai A. Dehadrai and Anr. v. Govt. of NCT of Delhi and Anr. dated 16.02.2023 upholding the vires of the Delhi Prison Rules, 2018 which permits the prisoner to have visit of its legal counsel twice a week. 8. In response, learned counsel for the Petitioner states that in exceptional cases, this Court can extend the number of mulaqats and he relies upon the judgment dated 18.07.2024 passed by a Coordinate Bench of this Court in CRL.M.C. 5116/2024, where another inmate was granted additional mulaqats. 9. He states that the Petitioner would be satisfied if the mulaqat time for the scheduled visits on Tuesday and Friday is increased from 30 minutes to 60 minutes. He prays that the relief at prayer clause 2 to be moulded accordingly. 10. This Court has heard the parties. 11. The Petitioner has placed on record in disposed of Crl. M.A. 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 24/01/2025 at 16:49:10 37082/2024 details of the pending cases. The details enlist that 32 cases pending against the Petitioner in different jurisdictions in multiple States all over the country. It also enlists separately six (6) matter which are pending before this Court. 12. The objective of the extant Rule which restricts the mulaqat twice (2) a week, so that the video conferencing facilities at the Jail are also available to the other inmates is rationale and has already been upheld by the Division Bench in its judgment dated 16.02.2023 (supra). 13. The prayer for four mulaqats each week would be inequitable to the other prisoners; however, keeping in view the peculiar facts as regards pendency of approximately 38 Court cases against the Petitioner, this Court finds the request of the Petitioner to enhance the duration of the existing two mulaqats reasonable. Accordingly, it is hereby directed that the duration of the existing mulaqat on Tuesday and Friday shall be enhanced from 30 minutes to 60 minutes each. 14. With the aforesaid directions, the petition stands disposed of. MANMEET PRITAM SINGH ARORA, J JANUARY 21, 2025/mt/MG Click here to check corrigendum, if any 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 24/01/2025 at 16:49:10