The Delhi High Court sought a response from the Tihar Jail authorities on Wednesday after AAP MP Sanjay Singh challenged their decision to bar him from visiting Chief Minister Arvind Kejriwal, who has been lodged in the prison in the excise policy case. Singh moved the court stating that he had been “arbitrarily refused†an opportunity to meet Kejriwal on June 4 and June 6. According to Singh, the jail authorities cited rule 588 of the Delhi Prison Rules 2018 and stated that he was an “ex-prisonerâ€.
Justice Neena Bansal Krishna granted three days to the jail authorities to file their response to the petition, and listed the matter for hearing on September 9.Kejriwal is lodged in Tihar jail under judicial custody in the alleged excise policy scam.
During the hearing, senior advocate Rahul Mehra, representing Singh, submitted that his client was a Rajya Sabha Member of Parliament and he was denied physical meeting on the ground that he was an ex-prisoner.
He claimed that Kejriwal has serious medical health conditions and his family wishes to meet him to check on his health.â€The way the jail superintendent was dealing with things shows the shocking state of affairs. I am an undertrial and a sitting MP and I am giving an undertaking which I will not violate,†he submitted.
He said while denying physical meeting to Singh, the jail authorities have cited Rule 588 of the Delhi Prison Rules which states “ex-prisoners and habitual offenders, who apply to see their friends lodged in a prison, may not be permitted such interview by the superintendent unless and until there exist a genuine reason for such interviewâ€.
He said the intent of this rule is that bad elements should not come in contact with the inmates and this rule is being misused by the jail authorities.The counsel for the authorities sought a week's time to file response to the petition and the court granted him three days to place his stand on record.
Singh, who is also facing prosecution in the excise policy scam case lodged by the Enforcement Directorate, was granted bail by the Supreme Court on April 2. Earlier, AAP Rajya Sabha MP Sandeep Kumar Pathak approached the high court seeking a direction to the jail authorities to allow him a physical meeting with Kejriwal in prison.
The jail authorities had permitted Pathak to meet Kejriwal twice in April but refused to give him permission the next time, claiming that certain statements made by him after meeting the chief minister were in contravention of prison rules and mostly politically motivated.The court has already reserved its order on Pathak's plea.
