bharathnews,hyd,
In a Writ petition filed by a practicing advocate on not being permitted to meet undertrial prisoners lodged at Cherlapally Central Prison for jail mulakat/ interview to provide legal assistance, the Honorable High Court while observing the provisions under Section 40 of the Prisons Act and Rule 506 of the Prisons Manual Rules, which deal with provisions for permitting unconvinced prisoners to meet their qualified legal advisors without the presence of any other persons, directed the Superintendent of Prisons, Cherlapally Central Prison to permit the Petitioner to meet the concerned undertrial prisoners in accordance with law as per the procedure laid down under the Prisons Act and Rules.
The prestine rights of undertrial prisoners under Articles 14, 21 and 22 of the Constitution of India and that of the Petitioner under Article 19(1)(g) of the Constitution of India were stressed upon and highlighted during the proceedings.
The Government Pleader for Prisons vehemently opposed the petition stating that the concerned undertrial prisoners were high security prisoners and that the Superintendent of Prisons has a discretion in whether to permit them interviews or not.
The said contention was not accepted by the court, and the Honorable Court directed the Superintendent of Prisons to permit the Petitioner to meet the undertrial prisoners in accordance with law.
