The central legal point established in the judgment is the court's authority to issue detailed directions to address the challenges faced by inmates during the COVID-19 pandemic, ensuring access to facilities, communication, and medical assistance while considering the limitations imposed by the pandemic.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The instant writ petition was filed by the Petitioners- Ms. Natasha Narwal and Ms. Devangana Kalita, two undertrial persons, who were lodged in Tihar Jail at the time when the writ petition was filed. The petition was filed during the COVID-19 pandemic. They had sought several reliefs in this writ petition in view of the suspension of certain prison rules, change in prison rules owing to the pandemic and the requirement for isolation which was prescribed during the said period.

3. The reliefs sought in the writ petition are as under:

"(i) Issue a writ of mandamus directing the Respondent No.1 in consultation with the Respondent Director General of Prisons to amend/formulate rules in terms of the table set out hereinabove;

(ii) Issue a writ of mandamus directing the Respondent No.2 to allow Petitioners as also other inmates of jails within the NCT of Delhi to have the choice to have physical or virtual mulaqaats to communicate with family and friends regularly as is mandated by the Prison Rules, 2018;

(iii) Issue a writ of mandamus directing the Respondent No.2 to permit the Petitioners and other inmates of jails within the NCT of Delhi access to accredited doctors, therapists, and other medical professionals through video-conferencing facilities;

(iv) Issue a writ of mandamus directing the Respondent No.1 in consultation with the Respondent Director General of Prisons to amend/formulate rules to permit adherence to norms of natural justice and prisoner participation in disciplinary proceedings;

(v) Issue a writ of mandamus directing the Respondent No.2 to make mandatory/compulsory the viewing of a video introducing new inmates to prison life;

(vi) Issue a writ of mandamus directing the Respondent No.2 to permit the Petitioner access to resource persons/research supervisors/other professionals through video-conferencing facilities as required for the purpose of completing education;

(vii) Issue a writ of mandamus setting aside Rule 1268(k) as violative of the right to food and to suitably amend the same to permit access to eggs/non-vegetarian food; and to

(viii) Pass such other Order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the case."

4. Notice was issued on 17th February, 2021 in this case and a report was sought from the Respondent No. 1- GNCTD. On the said date, a direction was issued to the Jail Superintendent, Tihar Jail to arrange for video conferencing facilities to the Petitioners in order to enable them to join the Court proceedings through video conferencing. Thereafter, on 13thApril, 2021, the GNCTD had filed its status report pursuant to which detailed directions were issued in respect of provisions for the following:

(i) Physical mulaqaats,

(ii) Computer centers,

(iii) Legal aid for the Petitioners.

5. The relevant extract of the said order dated 13th April, 2021 reads as:

"3. On 17th February, 2021, the issues raised by the Petitioners in respect of Physical mulaqats, VC facilities etc. were recorded in the order passed on the said date and a status report was called-for from the Jail Superintendent, Tihar Jail.

4. The said status report has been placed on record, along with various annexures. The counsels for the Petitioner and the Respondents have made their respective submissions. The Petitioners have also joined the hearing through video-conferencing from Jail. At this stage, the three issues that the Petitioners highlight are as under:

(i) Physical mulaqats: In respect of physical mulaqats, the status report indicates that at least 8 physical mulaqats for 30 minutes per month were being permitted prior to the outbreak of the Covid-19 pandemic for each under trial prisoner. Post the outbreak of the pandemic, physical mulaqats have been stopped and e-mulaqats are currently prevalent. Currently 3 e-mulaqats of 15 minutes per month are permitted. For a brief period, physical mulaqats were re-started but again