BENCH: Justice Rangnath Misra, Justice P.N. Bhagwati, Justice Amrendra Nath, Justice R.S. Sen and Justice M.M Dutt.
Date of Judgment: 15/02/1983
FACTS
A journalist petitioned the court after interviewing fifteen women prisoners in Bombay Central Jail. Five claimed police assault, with two mentioning torture. The Court treated the letter as a writ petition and summoned parties to respond.
Simultaneously, the Court tasked the Director of Nirmala Niketan, Bombay, to independently interview prisoners. The report highlighted inadequate legal assistance and complaints from two foreign prisoners who accused a lawyer of fraudulently taking half their belongings under the guise of legal fees.
ISSEUS
Whether the treatment endured by female prisoners is justifiable?
Whether the ill-treatment of female prisoners qualifies as a breach of the rights secured under Article 21 of the Constitution?
Whether it falls under the purview of State Authorities to furnish legal counsel to prisoners?
RULE
Article 39A of the Constitution mandates free legal assistance for citizens, aligning with the principles of universal access to justice.
Article 21 guarantees the right to life, liberty, and equality before the law (Article 14).
The court, referencing Articles 14, 19, and 39A, ensures legal aid for indigent individuals in detention.
Section 160(1) of the CrPC authorizes only female police officers to search female suspects.
JUDGMENT
Directives Regarding Legal Assistance:
Legal aid for financially disadvantaged individuals is a constitutional imperative under Articles 14 and 21, essential for justice and democracy.
The Inspector General of Prisons in Maharashtra must issue a circular to all Superintendents of Jails, specifying details of prisoners and ensuring access to legal assistance.
The Maharashtra State Board of Legal Aid is tasked with advising and instructing District Legal Aid Committees to assess the implementation of legal assistance guidelines.
Additional Directives:
Segregation of Female Suspects: Designate specific police lock-ups with female guards for female suspects.
Female Interrogation Procedures: Conduct interrogations of females only in the presence of female officers.
Informing Arrested Persons: Inform arrested individuals promptly about the grounds for arrest and their right to apply for bail. Provide pamphlets outlining legal rights in multiple languages.
Notification to Legal Aid Committee: Police must immediately notify the nearest Legal Aid Committee upon arrest, facilitating prompt legal assistance.
Surprise Visits to Police Lock-Ups: City Sessions Judge to make surprise visits to police lock-ups, assessing conditions and addressing grievances.
Notification of Arrest to Relatives or Friends: Obtain contact information from arrested persons for immediate notification to a specified relative or friend.
Magisterial Inquiry into Torture or Maltreatment: Magistrates must inquire about complaints of torture, inform about the right to medical examination, as per Section 54 of the Code of Criminal Procedure.
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