Madhya Pradesh High Court Directs State Govt To Frame Guidelines On E-Mulaqat Facility To Prisoners With Lawyers, Family Members

The Madhya Pradesh High Court has directed the State Government to frame a SOP or guidelines on E-Mulaqat facility to be provided to prisoners in the State thereby enabling them to meet their lawyers and family members by ensuring privacy in such meetings.

A division bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was dealing with a plea filed by an advocate who could not get a chance to interact with his client, accused of offences involving POCSO Act, IPC and Information Technology Act, to seek instructions and understand his case.

The Court also directed the lawyer to give all the suggestions in a comprehensive representation to the Principal Secretary, Department of Home, Jail and Law, who shall examine his grievances vis-a-vis right to fair trial to all the under-trial prisoners in the State of Madhya Pradesh and also examine the guidelines laid down by the different State Governments on E-Mulaqat facility.

The Court however clarified that such a facility is to be provided to the prisoners on a periodic basis, on an advance application, atleast once in a week, for not more than 30 minutes. 

"....that while communicating with them, privacy is given to the accused and the staff of the prison should not be made to sit in the audible range so as to ensure privacy between the accused and his lawyer/family members," the Court added.

It was the case of the petitioner lawyer that the option of meeting an undertrial prisoner during his/her visits to Court was not available due to the suspension of physical hearings and the other option is subject to such prisoners getting out on bail.

It was therefore submitted that there are no arrangements in the prisons of the State of Madhya Pradesh through which the prisoners could consult their private lawyers and have effective privileged communication. 

It was also submitted that no order or guidelines have been issued by Jail Authorities with respect to 'Legal Mulaqats' of the under-trial prisoners with their private lawyers which is essential in most of the cases as the physical appearance of the accused has been discontinued.

On the other hand, Deputy Advocate General appearing for the State Government submitted that the petitioner lawyer must approach the State of Madhya Pradesh through Principal Secretary, Department of Home, Jail and Law, with all such suggestions who shall examine the matter and do the needful.

Issuing directions to the Petitioner as well as the State Government, the Court also ordered thus:

"It is directed that appropriate orders in this regard may be passed after having all the inputs within a period of four weeks from the date of production of copy of this order."

The petition was accordingly disposed of.

Title: SHYAM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS

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