Provide Adequate Infrastructure To Implement E-Mulakaat System For Prison Inmates In Maharashtra: Bombay High Court To State

A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor disposed of a PIL filed by the Peoples' Union for Civil Liberties after the state government's issuance of a government resolution (GR) providing for e-mulakaats and smart card calling facilities for prisoners statewide.

“The State Government shall implement the provisions contained in the Government Resolution dated 22nd March 2024 in all the prisons throughout the State of Maharashtra and shall also provide adequate infrastructure, wherever required, so that the Government Resolution dated 22nd March 2024 is implemented in its letter and spirit and all the inmates in the prisons are given access to phone calls and e-mulakaat facilities”, the court directed.

The GR dated March 22, 2024 contains provisions for phone calls and e-mulakaat (electronic meeting) facilities for prisoners, excluding Pakistani prisoners.

The PIL sought directions to enforce the provisions of telephonic and electronic modes of communication as outlined in clause 8.38 of the Model Prison Manual, 2016, across all prisons in Maharashtra and to challenge the decision to discontinue such communication methods.

According to clause 8.38 of the Model Prison Manual, the Superintendent of Prisons may permit inmates to use telephones or electronic communication devices upon payment to contact their families and lawyers.

The PIL challenged the decision to discontinue such communication methods, which had been abruptly halted in December 2021. The plea contended that the discontinuation violated various constitutional rights, including those under Articles 14, 19, and 21 of the Constitution.

The PIL contended that the use of voice and video calls was available during the pandemic, enabling inmates to communicate with their families and legal representatives. However, this service was halted in December 2021.

During the proceedings today, the State submitted an affidavit informing the High Court about the GR to restore such facilities.

However, advocate Rebecca Gonsalves for PUCL raised concerns about the adequacy of infrastructure to support the GR's implementation across Maharashtra's 60 prisons housing approximately 37,000 prisoners.

The petitioners sought a direction to ensure the uniform implementation of these provisions across all prisons in the state, along with the provision of necessary infrastructure where required.

The court appreciated the State Government's decision reflected in the GR and disposed of the PIL with a direction for the State Government to implement the provisions outlined in the resolution in all prisons throughout Maharashtra.

Gonsalves also contended that the exclusion of Pakistani prisoners from the operation of the GR was unlawful.

However, the court clarified that any grievances regarding specific exclusions could be addressed through appropriate legal remedies, including the filing of a writ petition.

Background –

The PIL contended that denying access to technology, especially when it had been successfully implemented during the pandemic, amounted to arbitrary action and infringed upon the rights of inmates. The petition emphasized the importance of maintaining connections with family and friends, particularly for inmates housed far from their residences.

The petition stated that over the years, there have been incremental improvements in communication facilities for inmates. In 2014, a coin box facility was introduced, followed by monthly call facilities for ten minutes each, twice a month, in 2019, as directed by the Additional Director General of Police.

The plea also called for the recognition of telephonic and electronic communication as integral components of inmate interviews, as specified in the Facilities to Prisoners rules outlined in a Government Resolution dated April 28, 1962.

Case no. – Public Interest Litigation No. 8 of 2022

Case Title – Peoples' Union for Civil Liberties & Anr. v. State of Maharashtra & Ors.

Click here to read/download Order