HC suggests jail authorities consider video conferencing facility for prisoners, families

The court made it clear it was not passing any direction as it was conscious of the fact that the resources are limited. The court made the recommendation while hearing a plea by Bhushan Steel's former chief financial officer Nittin Johari, who was arrested by the SFIO for alleged fraudulent activities, seeking direction to Tihar Jail authorities to allow him to meet his family and lawyers through video conferencing.

The Delhi High Court Friday suggested to the jail authorities to consider the requirement of prisoners for having video conferencing with their family for the duration when physical meetings in jails are suspended due to the COVID-19 pandemic. The court made it clear it was not passing any direction as it was conscious of the fact that the resources are limited.

The court made the recommendation while hearing a plea by Bhushan Steel's former chief financial officer Nittin Johari, who was arrested by the SFIO for alleged fraudulent activities, seeking direction to Tihar Jail authorities to allow him to meet his family and lawyers through video conferencing. Justice Vibhu Bakhru, conducting the hearing through video conferencing, noted that so far as Johari's grievance of video conferencing (VC) with his lawyers are concerned, it has been resolved and he has already been granted two such opportunities by the jail authorities.

Advocate Gautam Khazanchi, appearing for Johari, said the accused also wants to meet his wife and other family members and it will not cause any additional burden if one family member is allowed with the lawyer during the VC. The court, however, said it does not consider it apposite to pass any direction in this regard and added that the suspension of 'mulakat' of prisoners with family members in jail is temporary due to the COVID-19 pandemic and they will be allowed to meet once the situation permits.

Delhi government standing counsel (Rahul Mehra) and advocate Chaitanya Gosain, representing the jail authorities, submitted that Johari is being provided with the facility of a phone call of five minutes daily to his family. The counsel said a similar request of extending video conferencing facility with lawyers was also made by other prisoners, so the Director General (Prisons) has issued a circular on July 6, setting out conditions on which VC facility will be provided to prisoners to consult their lawyers.

Noting the submissions, the judge said, "This court recommends that said requirement (VC with family) of petitioner (Johari) and other prisoners be also considered by the Director General (Prisons). This court is not making any direction as it is conscious that resources are limited." Johari was arrested by SFIO on May 2, 2019 for alleged fraudulent activities, including filing false documents with various banks. SFIO had said Johari was managing the affairs of Bhushan Steel and was looking after raising of funds from banks and financial institutions and was also one of the signatories to the financial statements of the company till fiscal year 2016-17.

It had said that during the probe it found there were several alleged fraudulent practices at the company, including manipulations of accounts and financial statements during the term of Johari. The high court earlier while denying bail to Johari, had said it became evident that the "mind and will of the accused company are the main accused -- Brij Bhushan Singal and Neeraj Singal, who had been actually controlling the company".

It had observed that it is a matter of record that main accused Brij Bhushan Singal has not been arrested and co-accused Neeraj Singal has already been granted bail. SFIO had claimed that Johari was a member of the committee of board of directors on borrowing, investment and loans along with former promoters Brij Bhushan Singal and Neeraj Singal.

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