Prisoners' Communication With Outside World Will Be Monitored, Recorded For 'Safety & Security' Purposes: UP Govt To Allahabad HC

The Uttar Pradesh Government has told the Allahabad High Court that its High Powered Committee has decided to monitor the communication of the prisoner with the outside world from the point of view of safety and security.

The UP Government further informed that the guidelines formed by the HPC further provide that from the point of view of safety and security such communication shall be recorded and genuine communication shall be liberally allowed.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Hon'ble Ajai Kumar Srivastava-I was hearing the plea filed by 2 prisoners, accused under UAPA and certain IPC offences, with the prayer that the respondents may be directed to provide appropriate facilities of interaction/interview of the petitioners with their family members through Video Conferencing or cellular communication i.e. telephonic communication.

It was also prayed that the respondents may also be directed to arrange an appropriate facility of interaction/ interview of the petitioners with their legal Advisors/Advocates.

Submissions made by the Government Counsel

The Additional Government Advocate submitted that the Government was taking appropriate and adequate precautions to check the spread of the pandemic, and that the communication of the prisoners with the outside world was though permitted, however, it was being monitored for maintaining the safety and security and for the said purpose, certain guidelines are available.

Further, referring to the HPC, it was submitted that the guidelines provide that any interaction of the prisoners with the outside world will be permissible through Video Conferencing in urgent situations for court purposes alone.

So far as the interaction with the family members and any other person is concerned, it was submitted that guidelines provide that such interaction shall be permissible through telephone, that too, in cases of emergency.

He also referred to certain decisions taken by the High Powered Committee, which inter alia provide that communication of the prisoner with the outside world shall be monitored from the point of view of safety and security. The guidelines further provide that from the point of view of safety and security such communication shall be recorded and genuine communication shall be liberally allowed.

Court's order

The Court permitted the legal Advisor/Advocates of the petitioners to move appropriate application as per the requirement of paragraphs 697 to 708 of U.P. Jail Manual.

Once any such application is made, the Court directed, the Superintendent of Jail shall take a decision and record his satisfaction as required by the provisions contained in paragraph 457-D of U.P. Jail Manual.

"The decision which may be taken by the Superintendent of Jail in terms of paragraph 457-D of U.P. Jail Manual shall immediately be communicated to the legal Advisors/Advocates of the petitioners and if he records his satisfaction that interaction/interview being sought by the legal Advisors/Advocates is genuine, he shall permit the same as soon as possible," ordered the Court.

Lastly, regarding the telephone facility, the Court noted that the telephone numbers provided by the Petitioner for the purposes of interacting with the family members were being verified and in absence of verification of the telephone numbers, the communication at the moment was not possible.

However, he added that as soon as the number gets verified the facility shall be made available to them.

Case title - Anshad Badarudheen & Anr. v. State Of U.P. Thru. Prin. Secy. Home & Ors

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