Can’t deny lawyer access to under-trial inmates: Madras HC

CHENNAI: The prison authorities should not stop under-trial prisoners from meeting their lawyers to communicate difficulties, violations, harassment or ill-treatment they might face in the prison, ordered the Madras High Court.

As the under-trial prisoners cannot be compared with those convicted, any facility lapses to the non-convicted and civil prisoners as prescribed under the prison manual must be viewed seriously, wrote a division bench of Justice SM Subramaniam and Justice V Sivagnanam.

The bench heard the petition moved by an advocate P Ananda Kumar seeking to ensure the facilities to be granted to the non-convicted prisoners and civil prisoners.

The additional public prosecutor (APP) E Raj Tilak on behalf of the prison authorities submitted that the practitioners are now permitted to have conversations with the under-trial prisoners in person. He further submitted that the prison authorities have made certain arrangements and improved the facilities.

Counsel S Kasirajan appearing on behalf of the petitioners submitted that the facilities provided by the authorities are not adequate for advocates to communicate with the prisoners and sought to make suitable alterations in the barricade between the prisoner and advocate to make proper communication. The prison authorities must ensure that the interview between a non-convicted prisoner and legal adviser shall take as mentioned in Tamil Nadu Prison Rules, 1983, added the counsel.

After the submissions, the bench directed the Director General of Police (DGP) Prison to ensure that the facilities as contemplated under the Tamil Nadu Prison Rules, 1983, enable the under-trial prisoners to get legal assistance, which is a basic right enunciated under the Constitution of India.

The facilities provided should be on par with the prevailing situation, enabling the legal practitioners to perform their duties, and they must be treated with dignity by the prison officials, wrote the bench.

The court also directed the authorities to file an affidavit containing the facilities provided and proposed to be provided to the prisoners and legal practitioners in a time-bound manner.

The matter was posted on October 29 for compliance with the court order.