Friday, November 22, 2019

‘Nothing wrong in deducting wages of prisoners for victim welfare fund’

Plea seeks quashing of amendment in rules mandating deduction

22/11/2019, STAFF REPORTER,NEW DELHI

The Delhi High Court on Thursday said there is nothing wrong in deducting wages of prisoners for victim welfare fund, provided it is permitted under the statute, adding that it, however, cannot be done through executive action.

The court said that in Delhi, it was being done under the statute — the Delhi Prison Rules of 2018 — which was permissible. It asked the Delhi government, represented by its Standing Counsel (Criminal) Rahul Mehra, as to why the prison authorities here had stopped making the deductions.

Mr. Mehra replied that the practice was stopped in December last year after the High Court had directed that the same be put on hold. He also said the Delhi Prison Rules of 2018, Rule 96(8), provided for such deductions.

Advocate Ajay Verma, appearing for petitioner Katyayini, opposed the deduction saying various High Courts in India have done away with the practice. He said that of the ₹15 crore collected in this manner since 2006, more than ₹14 crore lay unutilised.

The Bench said it will continue hearing arguments in the matter on November 26.

Ms. Katyayini, a lawyer, has in her plea sought quashing of an amendment made in the Delhi Prison Rules of 1988 — adding Rule 39A — which mandated the deduction. Subsequently, the 1988 rules were replaced by the 2018 rules which also has a similar provision.

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