Reply to plea against Delhi prison rule sought by HC

The Delhi High Court has asked the state government to file response on a plea challenging the constitutional validity of Delhi Prison Rules, 2018.

A Division Bench of Chief Justice Rajendra Menon and Justice Anup Jairam Bhambhani asked Lieutenant Governor Anil Baijal to file the response and listed the matter for next hearing on September 2.

The plea, filed by social activist and advocate Amit Sahni, has challenged the Delhi Prison Rules that came into force on October 1, 2018.

He said the Delhi Prison Rules 2018 were unconstitutional as they were notified by the Delhi government without seeking the Lieutenant Governor's approval and were in violation of the Delhi Prison Act, 2000.

Stating that it is an open secret that the Lieutenant Governor's approval was not taken by the Delhi government while passing the Delhi Prison Rules, 2018, the petitioner said "therefore the same are liable to be set aside." 

The petitioner said the government had sought to override the previous circulars and notifications in respect of parole, furlough, premature release of convicts, which were notified after due deliberation with the Lieutenant Governor. IANS