Source: Delhi High Court

Why in News?

Justice Subramonium Prasad of the Delhi High Court asked the Delhi government to file a status report on why facility of e-mulakat should not be extended to all prisoners whose relatives stay outside Delhi and must travel to the capital for purposes of mulakat.

• The Delhi HC gave this judgment in the case of Sohrab v. State (Govt of NCT of Delhi) and Anr.

What is the Background of Sohrab v. State (Govt of NCT of Delhi) and Anr. Case?

• The Petitioner has approached the court by issuing the ‘Writ of Mandamus’.
• The Petitioner has already given a representation dated 29^th May 2023 stating that he has only wife and mother in this world and both of them are ill and they do not stay in Delhi and, therefore, the Petitioner must be given the benefit of e-mulakat.
• The Respondents are directed to file a ‘Status Report’ as to why the facility of e-mulakat should not extended to all the similarly situated prisoners whose relatives do not stay in Delhi and for the purpose of mulakat they have to come to Delhi from their native places.

What was the Court’s Observation?

• The Delhi HC said that “The observation was made in connection with a petitioner’s prayer for direction to the State that he be allowed two e-mulakat every week with his family, so he could tend to his ailing mother and maintain social ties.”

What is E-Mulakat?

• During COVID Era, physical mulakat of the prisoners was stopped and use of E-Mulakat facility was introduced in Delhi Prisons.
• This facility is found very helpful especially for those jail inmates whose families/relatives are living at faraway places in the country or having difficulties in conducting physical interviews.
• Keeping a balance in between the merits and demerits of the facility it has been decided to continue this facility to the prisoners lodged in Delhi Prisons subject to following instructions:
  • E-Mulakat of a prisoner will be allowed only with his/her blood relatives/spouse as mentioned in the recorded list of the Jail.
  • Preference for the E-Mulakat facility will be given to those prisoner(s) who do not avail their physical mulakat.
  • E-Mulakat facility will be subject to maintaining good conduct in jail.
  • In no case more than two mulakat in a week be allowed in either case i.e., physical or e-mulakat or in combination thereto.
  • The E-Mulakat of the inmates lodged in the general ward of the prison will be held between 9:30 AM to 1:30 PM.
  • This facility will be allowed once in a week. The information about conducting E-Mulakat of these categories of prisoners shall be shared with the investigating agencies.
  • The Superintendent Jail shall ensure that the duration of the E-Mulakat shall not be more than 15 minutes. This facility should not be permitted on Holidays, Saturdays and Sundays.
  • The inmate shall be allowed to use the E-Mulakat facility only in the presence of jail official at least of the rank of Assistant Superintendent.
  • In case the inmate is transferred to some other Jail within Delhi then the copy of the permission granted for E-Mulakat facility shall also be forwarded to the transferee jail for taking appropriate action.
  • The E-Mulakat facility will not apply to foreign inmates involved in terrorist activities, offences against the State.