Aastha Thakur
Published on: 22 October 2022 at 16:49 IST
The Gujarat High Court ordered the State’s Inspector General of Police (Prisons) to declare necessary guidelines to all Jail authorities within the State to send the applications preferred by prisoners/convicts through jail to the HC within 48 hours, as it was observed, such inmates’ fundamental rights are violated and the same results occur.
The Single-Judge bench led by Justice Samir J. Dave gave orders to Court’s registry to lhas also directed the Court’s registry to, preferably within 48 hours of receipt, list all such applications received from the jail authority on the board.
The Court further added that if in any such even it is not possible to notify the matter in the Regular Board, then the same be then observed by the Per Court Board or Special Board / Separate Board.
“It is expected from the jail authority that as and when any application is received from any prisoner/convict through jail, the same be forwarded to the High Court, along with necessary remarks, preferably within a period of 48 hours.”
“It is also expected from the High Court Registry that all applications received from the Jail authority are listed on Board preferably within 48 hours from the time of its receipt and if it is not possible to notify the matter in the Regular Board, then the same be notified in the Per Court Board or Special Board / Separate Board,”
The Court issued this direction when the matter came up while dealing with the case of one Javed, a POCSO convict who submitted an application to the HC through the jail, seeking his release on bail by suspending the judgement and order of conviction.
The court noted that the convict had submitted the application to the Ahmedabad Central Jail, Sabarmati, on September 29, 2022, but that the jail remarks had not yet been prepared. On October 6, 2022, the jail authorities had prepared the remarks and by October 7, 2022, the application had been sent to the HC Registrar.
The Registrar (Judicial) took the necessary action after receiving the application from the jail authority on October 11, 2022, and forwarded it to the respective Departments. However, it was not until October 17, 2022, after the application had been registered and provided a number, that it could be circulated.
Therefore, noting the delay on the part of both the jail authority and the Registry of this Court in processing the application, the Court gave the necessary instructions to the Jail Authorities and the Registry.
Regarding the matter of convict, the Court dismissed the bail plea on ground of no merits found so far.