Delhi HC orders judicial officer to inspect detention centre's living conditions
Nov 13, 2020
New Delhi [India], November 13 : The Delhi High Court has directed a judicial officer to visit a detention centre here and inspect its alleged 'pathetic' living condition.
A division bench of Justices JR Midha and Brijesh Sethi, in its November 9 order, said: "In the peculiar facts and circumstances of this case, the Principal District and Sessions Judge (HQ) is directed to depute a judicial officer to visit the detention centre and inspect the same with respect to the conditions prevailing there."
If the concerned judicial officer finds any shortcomings in the detention centre, immediate steps shall be taken by the concerned authorities to remove the shortcomings within a specified time and the judicial officer shall again visit detention centre to verify whether the shortcomings have been removed or not, the court said directing to file a report in a sealed cover before the next date of hearing on December 16, 2020.
Petitioner's advocate Ajay Verma said that he be permitted to assist the judicial officer. Counsel for the petitioner is permitted to submit a short note with respect to the grievances of the petitioner to the concerned judicial officer within a period of one week, the court said.
The bench order came while hearing a habeas corpus petition filed by a woman, seeking the release of her husband, who is alleged to be a Pakistani national, from the Sewa Sadan Deportation Centre Lampur Village Delhi.
Counsel for the petitioner, advocate Verma, assisted by lawyer Mehak Nakra,
pointed towards the pitiable conditions prevailing in the detention centre where the detainees are even deprived of their basic human rights including medical facilities.
The advocates submitted that the petitioner has been detained in the detention centre and he has been informed by the petitioner that the condition of the detention centre is very pathetic for want of cleanliness and hygiene; no medical facilities are being provided at the detention centre; the detainees are not permitted to communicate with the family and their counsel and no legal aid is provided to them.
The petitioner's advocate submitted that a judicial officer be directed to visit the detention centre and submit a report to this Court with respect to the condition in the detention centre.
The petitioner's husband was arrested on December 13, 2012, and facing trial for years.
On October 10, 2016, a trial court convicted him under charges of Official Secrets Acts and others and sentenced him 9 years jail. The HC upheld his conviction under the Official Secrets Act.
After completing his sentence, on April 14, 2020, he was released from jail but sent to Sewa Sadan Deportation Centre Lampur Village in Delhi for the purpose of deportation.
His wife challenged his deportation in the Delhi HC and sought his release.
