Case Title: Thushar Nirmal Sarathy v. State of Kerala
Bench : P.V.KUNHIKRISHNAN JUDGE
Date : 26TH DAY OF JUNE 2023
Facts:
- A lawyer filed a writ petition regarding the denial of permission to meet his client, a convicted prisoner undergoing life imprisonment at Central Prison, Poojappura.
- The lawyer sought permission to meet the client for the purpose of signing legal documents.
- The court acknowledged the importance of lawyers in the judicial process and their role as officers of the court.
Analysis:
- The court recognized the significance of lawyers in the judicial system, as they assist in reaching the correct conclusions and ensuring a fair trial.
- The court expressed concern over any unnecessary delays or restrictions faced by lawyers when visiting prisons to meet their clients.
- The court emphasised the constitutional right of prisoners to legal assistance and stated that prisoners’ fundamental rights are not completely extinguished and are subject to judicial oversight.
- The court referred to previous judgments highlighting the importance of prisoners’ rights to consult legal advisers and the duty of prison authorities to provide reasonable facilities for interviews, communication, and legal aid.
- The court cited relevant sections and rules of the Kerala Prisons and Correctional Services (Management) Act, 2010, and the Kerala Prisons Rules, 1958, affirming prisoners’ rights to access legal assistance and engage in correspondence.
Judgement:
- The court directed the prison authority (third respondent) to ensure that the client’s papers are signed if the client is willing to do so.
- The third respondent submitted an affidavit expressing regret for any inconvenience caused to the petitioner lawyer, stating that the incident was not intentional.
- The court accepted the affidavit and noted that the petitioner’s grievance had been redressed, leading to the closure of the writ petition.
- The court emphasised that prison authorities should assist prisoners in meeting their lawyers and ensure that lawyers are given due respect without unnecessary detention.
- The court suggested the issuance of a circular by the concerned authority to all jails in the state, reinforcing the rights of lawyers visiting prisons for professional purposes.
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WRITTEN BY – ANVITHA RAO
