Aishwarya Rathore –
Published on: August 15, 2021 11:50 IST
The Madhya Pradesh High Court ordered the State Government to frame a Standard Operating Procedure (SOP) on E-Mulaqat to prisoners in the State, allowing them to meet with their counsel and family members while maintaining their privacy.
A Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was hearing a petition filed by an Advocate who was unable to meet with his client, who was accused of offences involving Protection of Children from Sexual Offences (POCSO) Act, Indian Penal Code (IPC), and Information Technology Act, to seek instructions and understand his case.
The Court stated, “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 however clarified that such a facility is to be provided to the prisoners on a periodic basis, on an advance application, at least once in a week, for not more than 30 minutes.
Issuing directions to the Petitioner as well as the State Government, the Court also ordered, “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 Court also ordered the lawyer to submit all the suggestions in a comprehensive representation to the Principal Secretary, Department of Home, Jail, and Law, who will analyse his grievances regarding the Right to a fair trial to all under-trial prisoners in the State of Madhya Pradesh, as well as the guidelines set forth by various State Governments on the E-Mulaqat facility.
The Petition was accordingly disposed of.
Click here to Read/Download the Order
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