1979 (12) TMI 147 - SC - Indian Laws

Whether inside prison or outside, a person shall not be deprived of his guaranteed freedom save by methods right, just and fair ? Held that - Appeal allowed. Allow the petition and direct a writ to issue, including the six mandates and further order that a copy of it be sent for suitable action to the Ministry of Home Affairs and to all the State Governments since Prison Justice has pervasive relevance The prisoner who is the victim has been repeatedly questioned under different surroundings and divergent statements are recorded. We do not wish to state what we consider to be the obvious inference, but we are taken aback when the Assistant Public Prosecutor has given an opinion which, if we make presumption in his favour, shows in differences and, if we make contrary inferences, makes us suspect. When offences are alleged to have taken place within the prison, there should be no tinge or trace of departmental collusion or league between the police and the prison staff. We make these minimal observations so that the State may be alerted for appropriate action. Surely, The conduct of the prosecution cannot be entrusted to one who has condemned it in advance.

Issues Involved:
1. Jurisdiction of the court to consider prisoners' grievances.
2. Fundamental rights of detainees under Articles 14, 19, and 21.
3. Judicial remedies to prevent and punish breaches of prisoners' rights.
4. Practical prescriptions and proscriptions for prison practices.
5. Prison reform perspectives and strategies.

Detailed Analysis:

1. Jurisdiction of the Court to Consider Prisoners' Grievances:
The court affirmed its jurisdiction to consider prisoners' grievances, even if they do not demand release but complain of ill-treatment within incarceratory circumstances. The court emphasized that the habeas corpus writ has a versatile vitality and operational utility, making it a bastion of liberty even within prison cells. The court can issue writs to meet new challenges and ensure that the constitutional purpose of deprivation is not defeated by prison administration.

2. Fundamental Rights of Detainees under Articles 14, 19, and 21:
The court reiterated that prisoners retain their fundamental rights under Articles 14, 19, and 21, despite incarceration. These rights include protections against arbitrary, unreasonable, and unfair treatment. The court emphasized that prisoners are persons and should not be subjected to deprivations not necessitated by the fact of incarceration. The court highlighted the importance of fair procedure and natural justice in dealing with prisoners.

3. Judicial Remedies to Prevent and Punish Breaches of Prisoners' Rights:
The court outlined several judicial remedies to prevent and punish breaches of prisoners' rights. These include:
- Prohibiting corporal punishment or personal violence on prisoners.
- Ensuring that prisoners are not subjected to solitary confinement or punitive cells without judicial appraisal.
- Allowing lawyers nominated by the District Magistrate, Sessions Judge, High Court, and Supreme Court to visit and interview prisoners.
- Maintaining Grievance Deposit Boxes opened by judicial officers to address prisoners' complaints.
- Regular visits by District Magistrates and Sessions Judges to prisons to address legal grievances.

4. Practical Prescriptions and Proscriptions for Prison Practices:
The court provided practical prescriptions and proscriptions for prison practices, including:
- Prohibiting solitary confinement or punitive cells without judicial appraisal.
- Ensuring that prisoners have access to visits from family and friends under reasonable restrictions.
- Prohibiting the use of irons and handcuffs except in rare cases of dangerousness, with compliance to rules set out in previous judgments.
- Ensuring that prisoners are not subjected to degrading labor or forced to perform tasks beyond their physical capabilities.

5. Prison Reform Perspectives and Strategies:
The court emphasized the need for comprehensive prison reform, including:
- Preparing and circulating a Prisoner's Handbook in regional languages to raise legal awareness among inmates.
- Adhering to the Standard Minimum Rules for Treatment of Prisoners recommended by the United Nations.
- Overhauling the Prisons Act and Prison Manual to align with constitutional values and therapeutic approaches.
- Promoting free legal services for prisoners through professional organizations and law schools.

Separate Judgments:
While the primary judgment was delivered collectively, a separate concurrence by another judge endorsed the findings and directions detailed towards the end of the judgment, emphasizing the need for prison reform and the provision of adequate facilities for prisoners to record their complaints and grievances. The judge also stressed the importance of regular visits by District Magistrates and Sessions Judges to prisons to ensure effective grievance redressal and remedial action.

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