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BOMBAY HIGH COURT
PANAJI BENCH (GOA) (DB)
C.S. Dharmadhikari and G D. Kamat, JJ.
Inacio Manuel Miranda and others etc. - Petitioners
versus
The State - Respondents
Criminal Writ Petition Nos 38 of 1987,
16 of 1988 and 423 of 1988
Decided on 27-9-1988
Counsels for the parties:
Ferdino Rebello, Amicus, Curiae, Advocates - For the Petitioners
G.O. Bhobe & V.B. Nadkarni, Advocates - For the Respondents
IMPORTANT POINT
Modern concept of criminology calls for greater attention to the reformation of a prisoner.
Headnote:(i) Constitution of India, 1950 - Article 21 Complaint about the conditions in the prison Grievance about using one shaving blade for several prisoners-Jail Authorities are directed to take necessary precautions to use some sort of disinfectant to avoid any infection and to prevent transmission of disease from one prisoner to another-Similar direction for the grievance of using common needle for extraction of blood. (Para 3)
(ii) Goa, Daman and Diu Prisoners (Facilities to Prisoners) Rules 1968-Rules 17 & 19 Facility given to the prisoners for writing welfare letters-Classification made under the Goa, Daman and Diu Prisoners (Admission, Classification and Separation of Prisoners) Rules 1968 for the purpose of writing letters is discriminatory and unreasonable-All convicts should be treated equally in the matter of writing letters -Permission to write at least four letters per month, two with the paper supplied at Government cost, and two, at the cost of the prisoner. (Para 4)
(iii) Constitution of India-Article" 21Prisoners Act-Sec. 59 -Complaint about the conditions in the prison-Non-availability of the Jail Rules-Direction to the State Government to prepare copies of the compilation and make them available in the libraries of the Jail and sub-jails. (Para 5)
(iv) Constitution of India-Article 21 Complaint about the conditions in the prison Absolute lack of proper ventilation in the Judicial lock-up-Government is directed to take suitable steps to improve the conditions in lock-up at Panaji. (Para 6)
(v) Constitution of India -Articles 21 & 23 Goa, Daman & Diu (facilities to Prisoners) Rules 1968-Rules 44, 45 & 46-Wage system incorporated in -No basis is disclosed for the fixation of wages-State Government is directed to appoint a committee of experts to go into the question and sex-for the wages, in accordance with law. (Para 7)
(vi) Constitution of India-Article 21Complaint about conditions in the prison Composition of the Board of Visitors-State Government is obliged to re-constitute the Board as per the guidelines laid down in 1988 (Supp.) SCC 160. (Para 8)
(vii) Prison-Grievance procedure-Direction to the Government of Goa to implement the directions incorporated by this Court in 1987 Maharashtra Law Journal 68; Madeukars case. (Para 10)
Result:
Order accordingly. The Govt. of Goa is directed to comply with these directions as expeditiously as possible, in any case, within a period of six months.
JUDGMENT
Dharmadhikari, J. - These Writ Petitions came to be registered on the basis of the letters received from the prisoners. I n the letters, several complaints were made about the conditions in the prison. After being prima facie satisfied, this Court directed the District and Sessions Judge, North Goa, panaji, to inquire into the complaints made by the prisoners, by visiting the Jail and to submit his report. Accordingly, after visiting the Jail and recording the statements of inmates and Jail Officers, the learned District and Sessions Judge submitted his report.
2. Supreme Court in the case of Sheela Barse v. State of Maharashtra1, has reiterated the view expressed in the earlier decisions, that, term 'Life' in Article 21, has an extended meaning. Therefore, citizens who are detained in Prisons either as under trials or as convicts are also entitled to the benefits guaranteed by the Constitution, subject to reasonable restrictions. This Court in Madhukar Bnagwan Jambhale v. State of Maharashtra and others2, has summarised the legal position, in para 8 of the said judgment, which reads as under.
"It is thus well settled that convicts do not wholly shed their fundamental rights, though their liberty is in the very nature of things circumscribed by the very fact of their conviction. The consequent responsibilities of prison administrators have to be borne in mind. These responsibilities broadly stated are: (i) maintenance of internal orders and discipline, (ii) securing the institutions against un authorised access or escape and (iii) rehabilitation of prisoner. The maintenance of penal institutions is an essential part of the Government's task in preserving societal order though enforcement of criminal law and the governmental interests are the preservation of internal order and discipline, the maintenance of institutional security against escape or as authorised entry and above all the rehabilitation of prisoners as indicated above. As a matter of fact the modern concept of criminology calls for greater attention to the reformation of a prisoner. Sunil Batra v. Delhi Administration, A.I.R. 1978 S.C. 1675 and Sunil Batra v. Delhi Administration, A.I.R. 1980 S.C. 1579 amongst, others are land-mark decisions emplacing the reformative aspect of the prison administration. "
Therefore, the grievances made in these Writ Petitions will have to be tested on the touchstone of these well established principles,
3. After the matter was heard for some time, ultimately, the complaints crystallized into the following grievances:
That one shaving blade is used to shave several prisoners. The District Judge in his report stated that after shaving, the prisoners faces are disinfected with alum stones. It seems to be an admitted position that the same shaving blade is used on account of security reasons. The learned District Judge, however, found that there wall no evidence to show that sufficient care is taken to prevent and infection due to the use of common blade. After heating the learned Advocate General, we are satisfied that the Jail Authorities should be directed to take necessary precaution to use some sort of disinfectant either alcohol or dental or other effective disinfectant, to avoid any infection and also to prevent transmission of disease from one prisoner to another. This direction will equally apply to the grievance made about using of common needle for extraction of, blood.
4. A grievance was also made that Rule 17 and Rule 19 of the Goa, Daman and Diu Prisoners (Facilities to Prisoners) Rules, 1968, are not being followed, and even otherwise, the same are discriminatory. From the report of the District Judge, it appears that the Jailor has deposed before him that the Jail Authorities supply papers to the prisoners free of cost from the Office of the Prison for the purpose of preferring appeals, applications, etc., and in case they are required for private use, it is sold at 08 paise a sheet, which is the cost price. Ru
