The court emphasized the necessity for adequate facilities for under-trial prisoners to ensure their right to family contact and access to justice, particularly during the pandemic.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through Video Conferencing.

2. The Petitioners, who are under-trial prisoners currently locked in the Tihar Jail, Delhi, have filed the present petition seeking directions for provision of facilities for under-trial prisoners and convicts.

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 w.e.f. 15th April, 2021, they were stopped.

The Petitioners submits that various under-trial prisoners and their family members may not have sufficient gadgetry, such as smart phones, laptops, tablets or computers, to do an effective e-mulaqat. It is further submitted that even in physical mulaqats, the prisoner does not have physical contact with the family member as they are separated by fibre glass.

Considering these submissions, ld. counsel for the Respondents shall seek instructions on whether physical mulaqats can be started even during the pandemic for under-trial prisoners who request for the same, for a duration of 30 minutes at least once a week, by ensuring that any family member who attends the physical mulaqat is wearing a mask/any other PPE Kit which may be required, while maintaining social distancing.

(ii) Computer Centre: Insofar as access to the status of the cases, orders, FIRs etc. for under trials, it is submitted that there is a computer centre available in the jail premises which consists of 10 computers. However, the same is not operational. The Petitioners submit that internet facilities can be made available in those computers to enable under trial prisoners who have not been able to visit the Courts or talk to their lawyers to access the information relating to their own cases.

Accordingly, ld. counsel for the Respondents shall seek instructions on the steps that can be taken to make the Computer Centre operational, along with proper internet connectivity, with access being limited to websites of District Courts, High Courts and the Supreme Court, along with a proper printing facility.

(iii) Legal Aid: In so far as legal aid is concerned, the status report records that efficient legal aid is being provided by deputing three panel Advocates by the DSLSA and two Advocates of the DHCLSC, who work with the female inmates for drafting their bail petitions and other applications and also counsel them on various legal issues.

It is not disputed that there is a legal aid room in the Jail premises. However, it is submitted that the same has only one computer with no internet connectivity. Accordingly, ld. counsel for the Respondents would seek instructions as to whether the number of computers in the legal aid room could be increased along with internet connectivity and a proper prin