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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN
Adv. Thushar Nirmal Sarathy, S/o. T.B. Vijayasarathy – Appellant
Versus
State Of Kerala, Represented By Secretary, Home Department, Government Of Kerala, Government Secretariat, Thiruvanandapuram – Respondent
| Table of Content |
|---|
| 1. lawyers must be allowed to meet clients in prison. (Para 1 , 2) |
| 2. petitioner's grievance acknowledged and directed for correction. (Para 3 , 4) |
| 3. grievance redressed; writ petition closed. (Para 5) |
| 4. convicts retain constitutional rights to legal assistance. (Para 6 , 7) |
| 5. legal rights of prisoners under various laws. (Para 8 , 9 , 10 , 11) |
| 6. prison authorities must ensure lawyers are respected and facilitated. (Para 12 , 13) |
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
This is a writ petition filed by a lawyer stating that he was denied permission by respondent No-3 to get Vakalath, writ petition and affidavit signed by his client, who is a convicted prisoner undergoing life imprisonment at Central Prison, Poojappura.
2. I am astonished to see the pleadings in this writ petition and the grievance of the lawyer. A lawyer is forced to approach this Court to obtain the signature of his client convicted in a criminal case and who is lodged at Central Prison. Usually, it is said that the Bench and Bar are the two sides of the same Coin. On some occasions, the lawyer is part of the judiciary itself. Lawyers are not only helping their clients but are also assisting the Court to arriv
Prison authorities must ensure unhindered access for lawyers to their clients, respecting the constitutional rights of prisoners to legal assistance without unnecessary delays.
The court mandated the improvement of communication facilities for legal practitioners with undertrial prisoners, emphasizing adherence to the Tamil Nadu Prison Rules and the protection of prisoners'....
The right to legal aid is essential for ensuring timely access to bail for marginalized prisoners, emphasizing the constitutional obligation to uphold personal liberty.
Point of law: Article 22 of the Constitution of India deals with the protection against arrest and detention in certain cases and as per 22(1) of the Constitution of India, no person who is arrested ....
Prisoners are entitled to basic human rights, including dignity and education, which must be upheld by prison authorities as per constitutional guarantees.
The right to free legal aid is a fundamental right under Article 21, ensuring that no prisoner is denied legal representation due to poverty or ignorance.
Prison regulations limit educational opportunities for under-trial prisoners based on security risks, and courts must be reluctant to override these regulations in the interest of public safety.
Mandamus granted directing expeditious processing of convict's leave application with required documents.
Engaged counsel for a first informant lacks independent right of audience in bail applications under CrPC, only assisting the public prosecutor.
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