Bombay HC tells Advocate General to visit prisons and submit report on facilities

It suggests that video conference facilities be handled by those with technical expertise

The Bombay High Court on Monday directed the Advocate General (AG) of Maharashtra to visit one or more prisons and submit an independent report on the conditions of prisons in the State.

A Division Bench of Chief Justice Dipankar Datta and Justice S.S. Shinde was hearing a public interest litigation seeking restarting of telephonic and video conferences facilities in prisons across Maharashtra.

AG Ashutosh Kumbhakoni appearing for the Maharashtra government said there are video conference facilities in prison but there are some practical difficulties in using them.

To which Justice Shinde (elevated as Chief Justice of the Rajasthan High Court on Monday) said, “I would suggest, Mr. AG, you visit jails and then you will understand. I myself have visited two jails with Supreme Court judge Justice U.U. Lalit. Those prisons have a capacity of 600 and there are over 3,500 prisoners, so facilities have to be updated accordingly. The prisoners should know about the status of their matter and how much sentence they have served. After your visit, it will change your perspective.”

Chief Justice Dutta added, “You cannot have correctional homes with so many people in it... Hence the Supreme Court has passed orders during COVID and set up committee to release prisoners.”

Justice Shinde further said, “There has to be technical person in prison for looking after such [video conference] facilities. The police are doing it now.

The Chief Justice told Mr. Kumbhakoni to visit the prison and give an independent report and adjourned the matter for three weeks.