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Synopsis

A Mumbai Court has recently observed that taking a search of an undertrial prisoner by making him/her nude is a violation of his fundamental right of privacy.

“Certainly, taking search by making the UTP nude is violation of his fundamental right of privacy, it is also humiliating. Not only this but using unparliamentary language or filthy language against the accused also humiliating to the UTP,” the order read.

Special Judge BD Shelke was hearing an application filed by a 1993 bomb blast accused Ahmad Kamal Shaikh who had alleged that after being produced in court when he returned to jail, he was subjected to a body check-up by the guard at the entrance.

The Advocate appearing for Ahmad submitted that during the check-up, the guard forced Ahmad to strip naked in front of other prisoners and staff members, which was both humiliating and a violation of his right to privacy. When Ahmad objected, the guard used vulgar and unparliamentary language toward him, behaved inappropriately, and made threats against him, the counsel informed the court.

Therefore, Ahmad's counsel prayed for a direction to be issued to the Superintendent/Jail Authorities to prevent further mistreatment and the use of unparliamentary language toward him. He also sought that his personal search be conducted using electronic scanners or other devices.

On the other hand, the Superintendent of the jail submitted that no filthy or unparliamentary language was used against Ahmad and the application was only filed to pressurize the prison authorities.

The court in its order noted that there was substance in the contentions of Ahmad and said that other under-trial prisoners had made similar complaints.

“After hearing submissions of the Ld. Counsel of the applicant/accused no.2- Ahmed Kamal Shaikh @ Ahmed Lambu it reveals that, there is some substance in the contention of applicant / accused no.2. Apart from this, applicant / accused in this case, other UTPs who are brought before this Court also made such complaints against the searching guard,” the order read.

Therefore, the court issued directions to the Superintendent and other jail authorities asking them to use electronic gadgets/scanner for conducting personal searches.

The court said that if such gadgets are not available then during personal search there should be no humiliation of such persons.

“If scanner / electronic gadgets are not available and personal search of UTP is required to be conducted physically, not to misbehave with UTP, not to humiliate UTP, not to make nude to the UTP not to use filthy language or unparliamentary language against the UTPs including present applicant/ accused no.2 Ahmed Kamal Shaikh @Ahmed Lambu,” the order stated.

Case Title: Ahmed Kamal Shaikh vs State of Maharashtra