SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Bom) 2122

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. OKA, A.A. SAVED, JJ.
Jan Adalat & Anr - Petitioners
Versus
The State of Maharashtra & Anr - Respondents
Criminal Public Interest Litigation ST.No.46 of 2015
Decided On : 01-03-2017

Advocates Appeared:
For the Petitioners:Shri Uday P. Warunjikar, Advocate.
For the Respondent: Dr. F.R. Shaikh, APP.

Prisoners have a right to adequate living conditions, proper food, and opportunities to meet their family members and lawyers.

Headnote:

The Court issued directions to the State Government to improve the conditions of prisons in the State of Maharashtra, including increasing the capacity of prisons, improving the quality of food provided to prisoners, allowing prisoners to meet their family members and lawyers, and providing adequate facilities for children staying with their mothers in prison. The Court also directed the State Government to appoint a Committee to make recommendations for the modernization of prisons.

Fact of the Case:

The Petitioners, a Society registered under the Societies Registration Act, 1860, and an undertrial prisoner, filed a Public Interest Litigation (PIL) challenging the conditions of prisons in the State of Maharashtra. The Petitioners alleged that the prisons were overcrowded, lacked proper facilities, and violated the rights of prisoners.

Finding of the Court:

The Court found that the conditions of prisons in the State of Maharashtra were indeed poor and violated the rights of prisoners. The Court noted that the prisons were overcrowded, lacked proper facilities, and did not provide adequate opportunities for prisoners to meet their family members and lawyers.

Issues: The issues before the Court were: 1. Whether the conditions of prisons in the State of Maharashtra violated the rights of prisoners? 2. What measures could be taken to improve the conditions of prisons in the State of Maharashtra?

Ratio Decidendi: The Court held that the conditions of prisons in the State of Maharashtra violated the rights of prisoners. The Court relied on several decisions of the Supreme Court of India and the United Nations Standard Minimum Rules for the Treatment of Prisoners to hold that prisoners have a right to adequate living conditions, proper food, and opportunities to meet their family members and lawyers.

Final Decision: The Court directed the State Government to take several measures to improve the conditions of prisons in the State of Maharashtra. These measures included: 1. Increasing the capacity of prisons 2. Improving the quality of food provided to prisoners 3. Allowing prisoners to meet their family members and lawyers 4. Providing adequate facilities for children staying with their mothers in prison 5. Appointing a Committee to make recommendations for the modernization of prisons

JUDGMENT :

A.S. OKA, J.

1. The first Petitioner is a Society registered under the Societies Registration Act, 1860. It is stated in the Petition that most of the members of the first Petitioner are members of the Pune Bar Association. The second Petitioner was at the relevant time an under trial prisoner in the Yervada Central Prison, Pune. Essentially, the Petition is filed for challenging the communication dated 24th August 2015 issued by the Jail Superintendent of Yervada Central Prison to the President of the Pune Bar Association. It is stated that the members of the Bar will be permitted to meet their clients in Yervada Central Prison between 9.00 a.m. to 10.a.m and 3.00 p.m to 4.00 p.m. It is further stated that out of 15 windows for interviews, five will be available for the members of the Bar to meet their respective clients. The said communication records that a member of the Bar will be permitted to meet his client in Yervada Prison on the following conditions.:

(a) He must make an Application in writing seeking permission to meet the Prisoner;

(b) He must produce a photocopy of the Vakalatnama signed by the Prisoner;

(c) Vakalatnama should contain C.R. Number and the name of the Police Station. A photocopy of the Identity I Card issued by the Bar Council should accompany the Vakalatnama;

(d) The original Identity Card shall be carried by the members of the Bar while coming for interviews;

(e) The members of the Bar must be in I Court Dress.

2. The challenge in the Petition is to the aforesaid conditions imposed by the Superintendent of Yervada Central Prison by contending that the same are contrary to the provisions of the Maharashtra Prisons (Facilities to the Prisoners) Rules, 1962 (for short "the said Rules of 1962"). Various issues are raised in the Public Interest Litigation especially in relation to the lack of facilities in Yervada Central Prison including the issue of the lack of proper facilities provided to the Prisoners to meet their relatives and Advocates.

3. From the orders passed by this Court from time to time, it is apparent that this Court enlarged the scope of be present PIL. By an order dated 1st October 2015, a Division Bench of this Court directed the learned Principal District Judge, Puneto depute a Judicial Officer to visit and take inspection of the Yervada Central Prison and to submit a report after taking inspection. The Paragraph 2 of the said order reads thus:

"2. The Principal District Judge, Pune is directed to depute a Judicial Officer, who shall visit the Yerwada Jail and take inspection and submit the report. The said report to state (i) the condition of toilet and bathrooms; (ii) the number of prisoners; (iii) nature and quality of focal, which is provided to the prisoners; (iv) the number of under trial prisoners;) (v) the security and other features of the said prison; (vi) whether additional space can be made available for the purpose of increasing number of windows for interviewing the prisoners. This exercise I to be completed within 2 weeks. S. O. 15.10.2015."

4. Accordingly, Shri R.S. Tiwari, the learned District Judge and Additional Sessions Judge, Pune, was deputed to visit Yervada Central Prison, who submitted his report on 13th October 2015. The order dated 15th October 2015 takes a note of the contents of the said report. Various directions were issued under the said order is regards the Yervada Central Prison. By the said order, the Division Bench issued a direction to the learned Principal Judge of the [City Civil and Sessions Court, Mumbai, to depute an Additional Sessions Judge to take inspection of the Arthur Road Jail and Womens' Prison at Byculla and to submit a report in terms of the order dated 1st October 2015. Accordingly, the reports have been submitted by the learned Sessions Judges after inspecting the Arthur Road Jail as well as the Jail at Byculla. In the order dated 3rd March 2016, the Division Bench referred to the said reports and issued certain directions. Ther


























































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top