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"These Are Important Matters": Bombay High Court Seeks State's Response On Resumption Of Video Call Facilities For Prison Inmates
Sharmeen Hakim
2 May 2022 8:00 AM GMT
The Bombay High Court on Monday directed the Maharashtra Government to take urgent instructions on a PIL to resume voice call and video call facility for prison inmates across the state, to communicate with family members and legal counsel.The development comes in a petition filed by the People's Union of Civil Liberties (PUCL) through its secretary Sandhya Gokhale. Their counsel submitted...
The Bombay High Court on Monday directed the Maharashtra Government to take urgent instructions on a PIL to resume voice call and video call facility for prison inmates across the state, to communicate with family members and legal counsel.
The development comes in a petition filed by the People's Union of Civil Liberties (PUCL) through its secretary Sandhya Gokhale. Their counsel submitted that the facility of voice and video call was working very well during the pandemic for inmates to speak to family members and their lawyers. However, it was abruptly stopped in December 2021.
"These are important matters," bench led by Chief Justice Dipankar Datta said.
The court was upset that despite the petition being served on the State last month, the government pleader was seeking another week to take instructions. "What is the point of being served in advance?" CJ Datta asked.
During the hearing, Advocate Rebecca Gonsalvez along with Advocate Mihir Joshi for PUCL submitted that there was a notification in 2014 for a coin box facility for prison inmates. That notification was revised in 2019.
The plea states that "the use of telephone calls and video calls provides an opportunity for an inmate to be in touch with his family members and friends on a more regular basis especially when a particular inmate is incarcerated in a correctional home far away from his residence."
CJ Datta wanted a copy of the order by which the facility was discontinued. However, the petitioners said they were unable to find everything in writing.
The Public Prosecutor AR Patil for the State said that the facility was stopped only for certain type of prisoners.
Nonetheless, the petition seeks to quash and set aside the decision to discontinue telephones or electronic modes of communication as the same is violative of Article 14, 19 and 21 of the Constitution of India, 1950.
"That when the technology exists to bridge the geographic divide, not to use the same, especially in the light of the fact that the technology implemented successfully during the pandemic, would be extremely arbitrary and would was used and amount to violation of the rights of inmates," the plea adds.
According to the Model Prison Manual Clause 8.38, the Superintendent of Prisons may allow prisoners the use of telephones or electronic modes of communication on payment, to contact his family and lawyers.
In 2019, the Additional Director General of Police issued directions allowing inmates monthly call facility twice for 10 minutes.
The petition further states that in 2020, the High Court had directed prison officials to provide video call and calling facilities to inmates in light of Covid pandemic.
Thereafter, in 2021 the court further directed Prison officials to consider the desirability of increasing the frequency of calls and video calls by allowing such facility twice a week.
The petition therefore seeks that provisions of telephones or electronic modes of communication to be declared as being covered under the scope of interviews as under Facilities to Prisoners rules by a Government Resolution dated 28.04.1962.
The 1962 rules provide that interview with the prisoners will be granted to the near relatives, friends and legal advisers of the prisoners. The said rules provide that all prisoners would be entitled an interview every fortnight month and in certain exceptions with the prior permission of the Superintendent.
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