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New L-G-AAP tussle: Appointing board of visitors for city’s prisons

The Board plays a crucial role in providing independent feedback to prison authorities about issues ranging from the standard of basic facilities to the health and security of inmates.

delhi L-G-AAP tussle, board of visitors, delhi prison, delhi, Delhi l-g V K saxena, dehi jail board, pending hearings, delhi high court, Indian express newsIn a note to Chief Minister Atishi, L-G V K Saxena termed it “disturbing” that the constitution of the Board had been pending for five years. (File Photo)

A day before it is scheduled to come up for hearing in the Delhi High Court, a file related to the constitution of the Board of Visitors for city jails emerged as a bone of contention between the Delhi government and Raj Niwas.

The Board plays a crucial role in providing independent feedback to prison authorities about issues ranging from the standard of basic facilities to the health and security of inmates.

In a note to Chief Minister Atishi, L-G V K Saxena termed it “disturbing” that the constitution of the Board had been pending for five years. He said it was “astonishing” that the file related to it was sent to him for approval a day before it was scheduled to be heard in the HC.

The AAP alleged that despite the HC’s directions, the file related to it was “never put up” to the Minister and demanded action against the civil servants concerned.

Saxena wrote in his note, “… Hon’ble HC had passed an order in September 2019 giving clear directions to constitute the Board of Visitors within 12 weeks, and (it) should have accordingly been constituted, by January 2020…”
“… the proposal… was first approved by the then Minister (Home)… after a lapse of a year in September 2020, whereafter it was rightly pointed… it requires approval of the L-G… It is astonishing that the file, after a lapse of four years, has now reached me for approval today i.e. 30.09.2024…,” he added.

Alleging this underlined an “utter lack of seriousness” regarding a matter “concerning basic human rights”, Saxena termed it “disturbing” that the notification which had been put up for approval before him had seen the substitution of the District and Sessions Judge as its chair to the District Magistrate.

“… the Hon’ble High Court… directed the Home Secretary to constitute the Board… before the next date of hearing —11.09.2024. In that hearing… after much confusion… as to where is the file pending, the Hon’ble Court directed the Home Minister… to file an affidavit and the Home Secretary… to be present on the next date of hearing i.e October 1… the file has been received in this office on 30.09.2024, a day before hearing…,” he added.

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“… It is evident that it has now become a practice of GNCTD counsel to make a statement that the file is ‘lying with’ the Lt-Governor for decision, thereby attributing delays to this Secretariat… I take strong exception of this approach…,” he said.

Returning the file, the L-G directed that shortcomings in the notification be rectified and the standing counsel “present this note to the Hon’ble HC to bring the correct picture of where the fault lies as far as delay is concerned”.

Reacting to the development, AAP alleged that “L-G Saab has no other work apart from firing at some ministers of Delhi”. “He is head of ‘Services’. Action should be taken against officers who circulated these files without putting it up to the minister…,” it said.

“This file is signed by the Principal Secretary Home, by the Chief Secretary. What were they doing? Were they misleading ministers on purpose?” AAP asked.

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