Ensure infra for lawyers, family to virtually visit prisoners through e-Mulakat: Bombay High Court

The Bombay High Court on Wednesday asked the Maharashtra government to make sure that necessary infrastructure is put in place to support the implementation of the e-mulakat system, which involves use of video conference facilities for lawyers and family members to communicate with prisoners [People’s Union for Civil Liberties v. State of Maharashtra & Ors]..The Court issued the direction after the Maharashtra government informed that it has issued a government resolution (GR) stating that e-mulakats and smart card calling facilities will be given for prisoners across the State.In view of this resolution, a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor disposed of a public interest litigation (PIL) petition seeking the provision of such communication facilities in all prisons of Maharashtra.“We appreciate the stand of the government. We dispose of the petition with a direction that the State government shall implement the provision in the GR of March 23, 2024 in all prisons throughout the State of Maharashtra. They shall also provide adequate infrastructure in prisons so that GR is implemented and inmates in prison are given access to the faculties of phone call and e-mulaqaat facility,” the Court ordered..The Court was dealing with a plea filed by NGO, Peoples Union for Civil Liberties (PUCL).In the plea, PUCL recounted that when prison mulakats (prison visits) had been stopped in 2020 due to the COVID-19 pandemic, the prison authorities provided telephone and video conference facilities to prisoners to speak with their respective lawyers and relatives.However, this facility was abruptly stopped in 2021 by the prison authorities and they went back to a system of having only physical meetings between prisoners and their lawyers or relatives, the plea said.The PIL, therefore, called for the provision of telephones and electronic communication as per the Model Prison Manual in all jails. PUCL also urged the Court to set aside the abrupt government decision taken in December 2021 to discontinue electronic communication facilities in prisons..The State today submitted an affidavit informing the High Court about the government resolution to restore such facilities. The government pleader also assured that the circular will be implemented by the State. However, advocate Rebecca Gonsalves, appearing for PUCL, raised concerns over whether there is sufficient infrastructure in place to implement the GR for 37,000 prisoners across 60 prisons in Maharashtra. In view of this, the Court disposed of the PIL after directing the State to ensure that necessary infrastructure is provided for availing the e-mulakat facilities across prisons in Maharashtra. .[Read order]