Bombay High Court issues notice to government on rights of undertrails

The court had earlier appointed senior counsel to monitor the condition of these undertrials.

The Bombay High Court on Wednesday issued notices to the state government and inspector general of prisons in a suo moto (on its own) case on the issue of rights of undertrial prisoners, especially, women and their children, and those who are mentally-challenged.

Justices PV Hardas and Shalini Phansalkar-Joshi on Wednesday gave the respondents three weeks to take instructions and file affidavits in this matter. The court had earlier appointed senior counsel Ashok Mundargi as amicus curiae (friend of court) to monitor the condition of these undertrials.

Mundargi on Wednesday said he would place on record a report by a committee, which had been formed sometime back and had been asked to visit various prisons in the state.

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The judges took cognisance of the issue after a Supreme Court order in December last year, which directed all high courts in 24 states in the country to examine the ‘rights of prisoners especially females and children with them.’ An individual called RD Upadhyay had filed a Special Leave Petition in the SC to highlight the plight of under trial prisoners languishing in jails without trial for long periods.

The SC order, passed by a full bench of three judges, stated, “While examining the issue touching the rights of under trial prisoners especially females and the children with them, the high courts may also examine the question relating to rights of mentally challenged undertrials and convicts, and issue appropriate directions.”

Taking a sympathetic view of the children who had to remain behind the bars with their mothers facing trial, the SC had said that special care needs to be taken of such children.

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