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R.M.S.KHANDEPARKAR, R.S.MOHITE
Asgar Yusuf Mukadam – Appellant
Versus
State of Maharashtra – Respondent


Counsel for the parties:
For the Petitioners:Mr. P.A. Sebastian and Ms. Sharmila Kaushik, Advocates.
For the Respondents: Mrs. A.S. Pai, APP.

ORDER

R.M.S. Khandeparkar, J. — Heard the learned Advocate for the petitioner and the learned APP for State. Perused the records.

2. The petitioner challenges the vires of Sections 31 and 32, as amended, of the Prisons Act, 1894, hereinafter called as “the said Act”, being in violation of the provisions of Articles 14 and 21 of the Constitution of India and for further direction against implementation of those provisions of law.

3. Few facts relevant for the decision are that, at the relevant time, the petitioners were lodged in Bombay Central Prison at Arthur Road, as undertrial prisoners in Bomb Blast Cases No. 1 of 1993. They were detained for a period exceeding seven years at the time of the filing of the petition. Section 31 of the said Act, which dealt with the provisions relating to the availability of certain facilities regarding food, clothing, bedding and other necessities to the undertrial prisoners and civil prisoners as well as Section 32 which dealt with restriction on transfer of food and clothing between certain prisoners, were sought to be amended by the Prisons (Maharashtra Amendment) Act, 2000 hereinafter called as “the Amendment Act” by introducing new provi

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