Madras HC forms panel to inspect prison facilities

CHENNAI: The Madras High Court has constituted a committee with members from the Bar Council of Tamil Nadu and Puducherry, and other advocates’ association to inspect the facilities in prison available to the detainees and their legal advisers.

A division bench of Justice SM Subramaniam and Justice M Jothiraman heard the petition moved by an advocate P Ananda Kumar seeking to ensure the facilities are granted to the under-trial prisoners and civil prisoners.

After hearing the case, the bench constituted a committee with senior counsel Viduthalai, Madras HC Advocates Association president Mohanakrishnan, Women Advocates Association president NS Revathi and other representatives including the counsel of the petitioner as members to inspect the prisons. The bench also directed the committee to file a report on November 16 with constructive solutions. The matter was posted to November 21 for further submission.

The petitioner has submitted that the facilities provided by the authorities are not convenient for lawyers to communicate with the prisoners. He also sought to make suitable alteration in the barricade between the prisoner and lawyer for communication.

“Prison authorities must ensure that the interview between an under-trial prisoner and lawyer must take place in private – where the prison official cannot hear the conversation – as contemplated in Tamil Nadu Prison Rules, 1983,” added the counsel.

The bench has already directed the Director General of Police (DGP) Prison to ensure that the facilities as contemplated under the Tamil Nadu Prison Rules, 1983, enabling the under-trial prisoners to get legal assistance, since it was a basic right enunciated under the Constitution of India.