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Delhi HC upholds Tihar jail’s denial of Sandeep Pathak’s request to meet CM Kejriwal

“The petitioner had made the statements for and on behalf of Shri Arvind Kejriwal and he was more like in an agent or spokesperson and his statements cannot be held to have been made by him in exercise of free right to speech and expression or violative of reasonable restrictions imposed by DPR (Delhi Prison Rules),” the Court observed.

Pragati Singh
Last Updated : Thursday, 05 September 2024
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New Delhi: Delhi High Court reaffirmed Tihar Jail authorities' decision to refuse Aam Aadmi Party (AAP) Member of Parliament Sandeep Pathak permission to meet Delhi Chief Minister Arvind Kejriwal on On Wednesday. This ruling was part of the case Sandeep Kumar Pathak v The Superintendent Central Jail No 2 & Anr.

Court criticizes Pathak’s conduct

Justice Neena Bansal Krishna expressed disapproval of Pathak’s behavior during his previous meeting with Kejriwal, noting that Pathak had made political statements in that context. The Court highlighted that Pathak's actions were inconsistent with the Delhi Prison Rules.

“The petitioner had made the statements for and on behalf of Shri Arvind Kejriwal and he was more like in an agent or spokesperson and his statements cannot be held to have been made by him in exercise of free right to speech and expression or violative of reasonable restrictions imposed by DPR (Delhi Prison Rules),” the Court observed.

Background of the case

Pathak had previously contested an April 24 decision by Tihar Jail, which had denied his request for a physical meeting with Kejriwal. The denial was based on allegations that Pathak had issued political statements after his last meeting, breaching Rule 587 of the Prison Rules.

High Court upheld the order

The High Court upheld the denial, affirming the jail’s authority to enforce its rules. It also indicated that should Pathak submit further requests to meet Kejriwal, the jail administration will review them according to legal standards.

Sandeep Pathak was represented by senior advocates Sudhir Nandrajog and Rahul Mehra, along with a team of advocates including Baani Khanna, Karan Sharma, Mohd Irshad, Chaitanya Gosain, Robin Singh and Vivek Gaur.