The Delhi High Court has affirmed the prison authorities' decision to allow inmates detained under the Maharashtra Control of Organized Crime Act, 1999, to meet exclusively with their immediate family members and not with anyone else.

This decision came about following the prison authorities' submission that they had the authorization to segregate prisoners considered high-risk or potential security threats and place them in high-security wards.

A division bench, consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, affirmed the ruling made by the Director General of Prisons on January 15, 2019, which limited the visitation rights of these inmates to solely their immediate family members.

The court, in its thoughtful judgment, stated, "Based on the representations provided by the Respondents in their sworn affidavits, indicating that high-security prisoners are being allowed to meet their family members in compliance with the law, there is no justification to intervene with the order issued on January 15, 2019."

The court disposed of a public interest litigation (PIL) that had been filed by several undertrial prisoners facing charges under the Maharashtra Control of Organized Crime Act, 1999. This PIL contested the decision of the prison authorities.

The prisoners argued that the decision in question unreasonably limited the rights of these inmates to meet individuals other than their family members, including their legal representatives, known as "pairokars," who assist with their legal proceedings.

Additionally, they contended that this restriction was imposed solely on prisoners who were facing charges under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), and not on those incarcerated for other criminal offenses.

Contrarywise, the prison authorities, in their counter affidavit, argued that the contested order was consistent with Rule 1410 of the Delhi Prison Rules, 2018. This rule allows only close blood relatives, spouses, and authorized legal representatives to conduct interviews with high-risk offenders.

The affidavit further indicated that presently, there are 250 prisoners detained in these high-security wards.

In its decision on the petition, the court observed that all prisoners, including those categorized as high-risk, are allowed to meet their family members, and provisions for legal assistance have also been arranged for them.

The court concluded by stating, "The Respondents are directed to continue adhering to the existing laws and regulations, as well as any directions periodically issued by the Hon’ble Supreme Court in this matter. With this directive, the Public Interest Litigation (PIL) is considered resolved."