Provide Headphones To Prisoners During VC With Family, Defence Counsel To Prevent Breach Of Privacy: Karnataka High Court To State

The Karnataka High Court has directed the State Government to ensure that in all the prisons where the undertrial prisoners or convicts are housed, there shall be a robust video conferencing facility so that any inmate would be in a position to interact with the defence counsel or family members.

A single judge bench of Justice M Nagaprasanna observed that privacy must be maintained when the accused is speaking to the defence counsel through video conferencing and directed the government to provide headphones to the accused and the persons on the other side in the conference.

It said “I deem it proper to direct the State to provide headphones to the accused and to the person be it the defence counsel or the family members whoever wants to interact with the undertrial prisoners / convicts or any inmate so that there is no breach of privacy in the prisons. This system be put into place if it is not already in place. If it is already in place, the State shall see to it that the system works without any glitch.”

The court gave the direction while rejecting a petition filed by 11 accused in a common offence seeking transfer to one solitary prison i.e., Bangalore Central prison from the different prisons they are lodged in.

The petitioners argued that their lives were in danger since they would be attacked inside the prison. They sought the State to bring all of them – 18 in number to one solitary prison in Bangalore Central Prison and house them in different cells

Advocate General argued that the petitioners are alleged of conspiracy and their only intention to come to Bangalore and to be together is to hatch another conspiracy for illegal activities.

The bench noted that transfer of prisoners from one prison to the other is dealt with under the Karnataka Prisons Act, 1963. The court took on record the submission of the government that safe keep of the prisoners is the duty of the State.

It said, “The submission that it is the duty of the State to protect the life of prisoners merits acceptance as it is indeed the duty of the State. Submission of the learned Advocate General is placed on record that the State will see to that and no untoward incident would happen.”

Accordingly it disposed of the petition saying “I decline to accept the request of the petitioners to house them in one prison i.e., the Central Prison, Bengaluru as this Court would not sit in the seat of the State to foresee or oversee the safety of every prisoner. It is the duty of the State and the duty is accepted by the learned Advocate General on an assurance that there would be no danger to the life or limb of the petitioners or any other inmate.”

Appearance: Advocate Mohammed Tahir for Petitioners.

Advocate General K.Shashikiran Shetty, for respondent Nos.1 and 2.

Special Public Prosecutor P. Prasanna Kumar, for respondent No.3.

Citation No: 2024 LiveLaw (Kar) 138

Case Title: Abdul Basheer & Others AND Inspector General of Police (Prisons) & Others

Case No: Writ Petition 7755 OF 2023

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