Strip Searching Undertrial Prisoner Violates Fundamental Right To Privacy: Mumbai Court

Special Judge BD Shelke under the Maharashtra Control of Organized Crimes Act directed Mumbai Central Prison authorities to use scanners and electronic gadgets to conduct personal searches instead.

“Certainly, taking search by making the UTP nude is violation of his fundamental right of privacy, it is also humiliating. Not only this but using unparliamentary language or filthy language against accused also humiliating to the UTP”, the court said.

The court was dealing with a complaint filed by AKS (name redacted), an accused in the 1993 Mumbai blasts case seeking directions against jail authorities for conducting personal search using scanners.

“If scanner / electronic gadgets are not available and personal search of UTP is required to be conducted physically, not to misbehave with UTP, not to humiliate UTP, not to make nude to the UTP, not to use filthy language or unparliamentary language against the UTPs…”, the court added.

Advocate Farhana Shah submitted that when AKS is taken back to jail after appearing before the court, the search guard at the entrance gate strip him nude before other prisoners and staff members while carrying out body check-up. When he opposed it, the guard misbehaved, humiliated, and threatened him, she submitted.

The Superintendent of Mumbai Central Prison denied the allegations and contended that a false application is filed with an intention to pressurise jail authorities.

The court noted that other undertrial prisoners have also made such complaints against the searching guard.

Therefore, the court directed the guard to carry out personal searches with electronic without causing any humiliation to the applicant.

In February, the same court had issued warning to the search guard and superintendent of the jail after Danish Ali, an accused turned prosecution witness in another case, made similar allegations.

Case Title – CBI v. AKS