"Prisoners' Pleas Should Be Forwarded To HC Within 48 Hours By Jail Authorities": Gujarat High Court Directs State IGP

In a significant order, the Gujarat High Court has directed the State's Inspector General of Police (Prisons) to issue necessary instructions to all Jail authorities in the State to forward applications preferred by prisoners/convicts through jails to the High Court within 48 hours as it noted that the same effects and violates the Fundamental Rights of such prisoners.

The bench of Justice Samir J. Dave has also directed the Court's registry to list all such applications received from the Jail authority on Board preferably within 48 hours from the time of its receipt. The Court further added that if it is not possible to notify the matter in the Regular Board, then the same be notified in the Per Court Board or Special Board / Separate Board.

"It is expected from the jail authority that as and when any application is received from any prisoner/convict through jail, the same be forwarded to the High Court, along with necessary remarks, preferably within a period of 48 hours. It is also expected from the High Court Registry that all applications received from the Jail authority are listed on Board preferably within 48 hours from the time of its receipt and if it is not possible to notify the matter in the Regular Board, then the same be notified in the Per Court Board or Special Board / Separate Board," the Court's order reads.

The Court has issued this direction while dealing with the case of one Javed, a POCSO Convict who preferred an application through the jail, before the HC praying for his release on bail by suspending the judgment and order of conviction.

The Court noted that the convict had submitted the application before the Ahmedabad Central Jail, Sabarmati on September 29, 2022, however, the jail remarks were prepared by the jail authority on October 6, 2022, and were, thereafter, forwarded to the office of the Jail Superintendent and the application was sent to the HC Registrar on October 7, 2022.

On receipt of the application from the jail authority on October 11, 2022, the Registrar (Judicial) took necessary action and forwarded the same to the concerned Department, however, after the registration and numbering of the application, the application could be circulated only on October 17, 10.2022.

Thus, noting that there was a delay on the part of the jail authority as also on the part of the Registry of this Court in processing the application preferred by the convict, the Court issued the relevant directions to the Jail Authorities and the Registry.

Insofar as the instant application seeking bail was concerned, this Court found no merits in the matter, and hence, the application was rejected.

Case title - JAVED ALIAS THAKELI ALIAS CHOR AJIJKHAN PATHAN v. JAIL SUPERINTENDENT

Case Citation: 2022 LiveLaw (Guj) 392

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