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During the proceedings, concerns were also raised about Pakistani prisoners being excluded from tele communication facilities, which the court did not directly address but affirmed the petitioners' right to challenge such rules through appropriate legal avenues, such as filing a writ petition
The Bombay High Court has issued directives for the state government on a Public Interest Litigation (PIL) advocating for the allowance of telephonic communication within prisons. The PIL emphasised the necessity of enabling telephonic and ‘e-mulakaat’ (electronic meeting) modes of communication, citing Clause 3.38 of the Model Prison Manual, 2016.
The petition, filed by human rights body, Peoples’ Union for Civil Liberties, was presented before a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor. It specifically requested the court to issue appropriate directives to the State respondents to implement telephonic and electronic communication provisions outlined in the Model Prison Manual, 2016, across all prisons in Maharashtra. Additionally, it sought the nullification of the decision by respondents to discontinue such communication avenues.
Advocate Rebecca Gonsalves, representing the petitioners presented a Government Resolution dated 22nd March 2024, which delineates provisions for phone call and e-mulakaat facilities to prisoners, except those of Pakistani nationality. While the resolution acknowledges the need for these facilities in Maharashtra's prisons, petitioners argue for its statewide implementation and the provision of necessary infrastructure.
Acknowledging the gravity of the matter, the court appreciated the State Government's decision as outlined in the Government Resolution which provides that “all the prisons in the State of Maharashtra shall be required to be provided with adequate facilities, which may include certain infrastructure facilities as well.”
Furthermore, during proceedings, concerns were raised regarding the exclusion of Pakistani prisoners from benefiting from the Government Resolution. While the court did not address this issue directly, it affirmed the petitioners' right to challenge any aspect of the resolution through appropriate legal avenues, such as filing a writ petition.
In its ruling, the court disposed of the PIL by directing the State Government to enforce the provisions of the Government Resolution in all prisons across Maharashtra.
Additionally, the court mandated the provision of adequate infrastructure where necessary, ensuring the resolution is implemented comprehensively, granting all inmates access to phone calls and e-mulakaat facilities.
Cause Title: PUCL v. State of Maharashtra [PIL No 8 of 2022]
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