New Delhi [India], July 25 (ANI): The Delhi High Court on Thursday allowed Delhi CM Arvind Kejriwal to have two additional legal meetings with his counsels through video conferencing from Tihar Jail where he is lodged.
He sought two additional legal meetings through video conferencing from Tihar Jail. He is in judicial custody in the Delhi Excise policy case.
Justice Neena Bansal Krishna allowed the petition moved on behalf of Arvind Kejriwal.
Justice Neena Bansal Krishna held that in recognition of the fundamental right of fair trial and effective legal representation, the petitioner be granted two additional legal meetings with the Counsel through video conferencing in a week, till he is confined to Jail.
” It can also not be ignored that similar relief of additional legal meetings has been allowed to co-accused Sanjay Singh. While the Learned special counsel for the ED has explained that the said Order was essentially ex parte, is not tenable since the respondents had appeared in the end while the Order was being passed and even thereafter, it has not been challenged by the State,” Justice Neena Bansal Krishna said in the order.
The High court also observed that the Jail policy has been enacted by the concerned Jail Authority after having due regard to all the modalities and the infrastructural capacity and number of the inmates of the jail. Therefore, generally, the courts are slow to interfere in the matters of policy.
“However, when balancing the policy with the fundamental rights of the jail inmate, the request of the petitioner for two additional legal meetings with his lawyers through video conferencing, in the given circumstance of huge number of cases pending against him, cannot be termed unreasonable,” the bench held.
The bench said, ” the opposition that no special status can be given to the petitioner as available to other jail inmates, again has no merit because it is not a situation of seeking any special favour as it has sought to argued on behalf of the State, but it is a fundamental right which is sought to be enforce.”
On July 18, the High Court had reserved order on Arvind Kejriwal’s plea seeking two additional legal meetings with his lawyers through video conferencing from Jail. His plea was opposed by the counsel for Jail authorities and Enforcement Directorate (ED).
Senior advocate Ramesh Gupta appeared for Arvind Kejriwal.
Jail Authorities had opposed the plea and submitted that jail rule does not permits additional meetings. Changing the format from meeting from physical to video conferencing does not make any difference.
Advocate Zoheb Hossain appeared for Enforcement Directorate (ED) had submitted that the application is not maintainable as it has become infructuous because accused is no more in ED’s custody after getting interim bail from the Supreme court.
ED’s Counsel also submitted that all accused are given equal treatment in jail. Everyone has been granted only two legal meetings.
On the other hand, Senior advocate Ramesh Gupta had opposed the submissions and contended that there is no harm in giving him two additional legal meetings. He also submitted that ED did not opposed the facility granted to other accused.
Senior advocate Ramesh Gupta appeared for Arvind Kejriwal and submitted that applicant is seeking additional legal meetings with his counsel. There is nothing wrong in it.
The Rouse Avenue court July 1, denied Kejriwal two additional meetings with his lawyers through video conferencing (VC) from Tihar Jail.
Special judge Kaveri Baweja dismissed the application moved on behalf of Arvind Kejriwal.
He had moved an application seeking directions to the Jail Authorities for granting two additional meetings with his lawyers through VC.
Special judge said, ” Learned counsel for Applicant has failed to convince the court as to how the applicant is entitled to two additional legal meetings through VC on the same grounds which have been discussed and dealt with in the earlier order. There appears to be no reason whatsoever to take a different view on the basis of the contents of the application under consideration.”
It also said that It is not in dispute that a similar application filed by the applicant seeking the same relief of additional legal meetings with his lawyers was dismissed by this court vide a detailed order of 10.04.2024.
The Court observed, ” The application under consideration discloses no new/fresh ground to take a view different from the earlier order dated 10.04.2024. The order dated 22.02.2024 and relief granted to co-accused Sanjay Singh has already been discussed and differentiated in order dated 10.04.2024.”
Thus, having considered the submissions made and the observations already made in the order of 10.04.2024, I see no reason whatsoever to allow the application under consideration. The application is accordingly dismissed,” the court ordered on July 1.
It was submitted that Kejriwal is facing about 30 litigations throughout the country and requires two additional meeting with his lawyers through VC for discussing about the cases, claiming his right to fair trial.
The counsel for Kejriwal also submitted that after filing of this application, the Applicant has been arrested in one more case by the CBI. Further, co-accused Sanjay Singh was allowed additional legal meetings by an order of 22.02.2024. (ANI)
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