Delhi government prevails in tussle with Home department over prison manual

The updated manual will now come into force on November 1.

Home Minister Satyendar Jain turned down the proposal, stating that there was no question of filing any appeal against the directions of an HC bench headed by Chief Justice Rajendra Menon.

The Delhi Home Department wanted the AAP government to move the Supreme Court against a Delhi High Court order, to ensure that the updated prison manual be notified in the name of L-G Anil Baijal. However, within a day, Home Minister Satyendar Jain turned down the proposal, stating that there was no question of filing any appeal against the directions of an HC bench headed by Chief Justice Rajendra Menon. The updated manual will now come into force on November 1.

“I have clarified time and again that prison is a state subject. Moreover, the recent judgment of Hon’ble Supreme Court has clarified that excepting three items, no other file should go to the Hon’ble LG. I do not understand why Additional Chief Secretary (Home) is repeatedly delaying the matter…There is no question of filing any appeal…,” Jain wrote to ACS (Home) Manoj Parida on October 4.

On October 3, Parida had written to Jain, advising that the government move the SC against the HC order. The rules could not be notified over the past two months as the Home and Law departments maintained that only the L-G could do so.

The department’s position went against the elected government’s submission in the HC on September 27 — that Parida be directed to notify the rules. Miffed with the delay, the HC bench had directed Parida to notify the manual within a week. “After the HC order, the Home Secretary mentioned in his file notings that it requires the approval of the L-G, so an appeal should be filed in the SC against the HC order. The department believes that the prison rules come under the jurisdiction of L-G,” sources said. It is learnt that Parida signed the notification on Friday, initiating the process for it to be published in the Delhi Gazette.

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