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2023 Supreme(Del) 2834

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Jai A. Dehadrai – Appellant
Versus
Government of NCT of Delhi Andanr – Respondent


Advocates appeared:
Petitioner No.1-in person.
Mr. Satyakam, ASC for GNCTD with Ms. Pallavi Singh, Advocate, for the Respondents.

JUDGMENT

Subramonium Prasad, J. The instant writ petition has been filed as a Public Interest Litigation (PIL) challenging Rule 585 of the Delhi Prison Rules, 2018. The Petitioners have also prayed for amendment of Rules to include interview with legal advisers be open from Monday to Friday for an appropriate allotted time with no cap on interviews per week. The Petitioners in the interim have prayed for visit of the legal counsel to their clients in Delhi prisons more than twice a week.

2. Rule 585 of the Delhi Prison Rules, 2018 read as under:

    "585. Every prisoner shall be allowed reasonable facilities for seeing or communicating with, his family members, relatives, friends and legal advisers for the preparation of an appeal or for procuring bail or for arranging the management of his property and family affairs."

3. It is the contention of the Petitioners that limiting the number of visits by family members, relatives, friends and legal advisers to twice a week is violative of Article 21 of the Constitution of India inasmuch as it limits the right of an undertrial to have adequate resources to legal representation. The Petitioners' contention is that fixing a cap on the number o

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