Kerala High Court Asks Jail Authorities To Ensure Privacy In Lawyer-Client Meetings

The Kerala High Court on Friday directed the State and prison authorities to explore the possibility of providing sufficient space for advocates and clients to privately interact in jails. 

While Senior Government Pleader Tek Chand submitted that there are space constraints in certain sub-jails, Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly observed, 

"...there should be sufficient space for the advocates and clients, to interact, and privacy should also be taken note of". 

The Court was dealing with a petition filed by Advocate Prasoon Sunny stating that there is no privacy for lawyer-client interactions in jails. 

It was averred that while Section 40 of The Prison Act, 1894, Section 47 of The Kerala Prisons and Correctional Services (Management) Act, 2010 and Rule 827 (2) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 mandate that privacy should be given to the counsel and his client while taking instructions, no such privacy is actually found to be provided. "...the meeting place provided is right next to the jail warden, who is always near the client listening to all the conversations. Since it is a common place for other visitors, there are also other persons to hear the conversation between the petitioner and client", the petitioner submitted.

In the counter affidavit filed by the Superintendent, District Jail, Kakkanad (3rd respondent herein), it was pointed out that further directions had been issued to the Officers to strictly adhere to the provisions contained Rules of 2014 without fail. 

The Court also noted the report filed by the the District Legal Services Authority, Ernakulam, as per which facilities were being provided for conversation between the lawyer and inmates. 

"One table and two chairs are laid for discussion of inmates of the jail with the lawyers, and it was mainly observed that the room of the Jail Welfare Officer is not beyond the earshot where the table and chairs are laid", the report had read. 

The report had also provided a rough sketch with the changes that could be adopted. A reply statement was also filed by the District Jail Superintendent regarding the arrangements made.

Acceding to petitioner's request, the Court directed the authorities to explore if the said facilities can be extended to sub-jails as well. It added that the rough sketch provided by the DLSA may be adopted for this purpose, if need arises.

The writ petition was thus, disposed of. 

Case Title: Prasoon Sunny v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 610

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