'Human Rights Issue': Punjab & Haryana HC Directs Govt To Ensure Foreigners In Prison Can Get In Touch With Their Families At Least Once A Month

Aiman J. Chishti

8 April 2024 2:21 PM GMT

  • Human Rights Issue: Punjab & Haryana HC Directs Govt To Ensure Foreigners In Prison Can Get In Touch With Their Families At Least Once A Month

    Observing that "a large human rights issue arises," the Punjab & Haryana High Court has taken suo moto cognizance of the issue of "no system" for foreign national prisoners to get in touch with their family members.Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that a larger human rights issue arises which needs to be addressed by...

    Observing that "a large human rights issue arises," the Punjab & Haryana High Court has taken suo moto cognizance of the issue of "no system" for foreign national prisoners to get in touch with their family members.

    Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that a larger human rights issue arises which needs to be addressed by both the States of Punjab & Haryana to put in some policy/regulations to ensure that at least once in a month, foreign nationality convicts/under-trials are able to get in touch with their family members by way of phone-calls/video-calls which is to be arranged by the jail authorities."

    Reliance was placed on Francis Coralie Mullin Vs. The Administrator, Union Territory of Delhi & others, [1981] wherein a similar issue came up before the Apex Court regarding foreign nationals and the right to interact with a legal advisor and a family member. 

    The development came after Justice Sandhawalia conducted an inspection of the Ludhiana Central Jail (Women), during which a Kenyan national informed that there is no system in place for foreign nationals in the prison to communicate with their family members.

    In the light of the above the Court issued notice to the States of Punjab and Haryana and U.T. Chandigarh through the Home Secretary.

    The matter is deferred for May 02, for further consideration.

    Appearance: Saurav Khurana, Addl.A.G., Punjab.

    Deepak Balyan, Addl.A.G., Haryana.

    Title: Court On Its Own Motion Vs. States of Punjab & Haryana and U.T.Chandigarh

    Click here to read/download the order

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