[Video Call Facility For Prison Inmates] Was There Any Security Breach When It Was Permitted? Bombay High Court Asks State

The bench of Chief Justice Dipankar Datta and Justice VG Bisht directed to the State government to file an affidavit detailing their reasons for discontinuing video calls between prison inmates and their lawyers, and immediate family members.

"For the present we are not inclined to pass any order on resumption of video calling facility in prison. We are of the considered opinion that concerns expressed in the petition can be decided after an opportunity is given to the state to respond."

The petition filed by PUCL contends that when technology exists to bridge the geographical divide, not to use the same, especially in light of the fact that the technology was implemented successfully during the pandemic, would be arbitrary and would amount to violation of an inmate's rights.

During the hearing the Advocate General told bench that a possible security breach and resumption of physical mulaquats were the primary reasons for stopping the facility in December, 2021.

He further said that the SC had also recalled an order permitting an inmate half an hour video call facility with his lawyers after prison officials apprehended a breach of security.

When the bench asked if there was any incident of security breach in Maharashtra during the pandemic, Kumbhakoni sought time to take instructions from the Inspector General (Prisons). He also said that the state's apprehension was regarding the use of smartphones and that they intended to increase the existing coin box facility for calls.

Kumbhakoni added that the concept of e-mulaquats was also under consideration.

Advocate Rebecca Gonsalves assisted by Advocate Mihir Joshi for PUCL said that video calling should be a permanent feature irrespective of physical meetings with inmates.

Meanwhile the court also asked the State if the SC's orders regarding video call facilities in prison was still in force. The state has been directed to file affidavit by June 10 and the matter will be taken up for further hearing on June 20.

Petition

According to the clause 8.38 of the Model Prison Manual the Superintendent of Prisons may allow prisoners the use of telephones or electronic modes of communication onpayment, to contact his family and lawyers.

In 2014, a coin box facility was started for inmates. In 2019, the Additional Director General of Police issued directions allowing inmates monthly call facility, twice, for 10 minutes.

In 2020, the HC had directed prison officials to provide video call and calling facilities to inmates in light of Covid pandemic.

Thereafter, in 2021 the court further directed Prison officials to consider the desirability of increasing the frequency of calls and video calls by allowing such facility twice a week.

The plea therefore seeks that provisions of telephones or electronic modes of communication be declared as being covered under the scope of interviews as under Facilities to Prisoners rules by a Government Resolution dated 28.04.1962.