Gujarat High Court calls for limited internet access to prisoners but junks Narayansai's plea for laptop

The Gujarat High Court recently observed that the State government should consider providing limited internet access to the prisoners in State jails for knowledge and research purposes [Narayansai Aasharam Harpalani vs The State Of Gujarat]..Justice Hasmukh D Suthar said it was high time that jail authorities embraced technology and create a digital environment in jail."The State Government should consult experts to determine how internet access can be controlled effectively, using hardware-based firewalls or other advanced fool-proof technology to prevent circumvention by tech-savy users and to form comprehensive exhaustive guidelines and SOP for providing limited internet access to UTP/convicts for the purpose to enrich their knowledge and research purpose considering the educational credentials of convicts/UTPs under the surveillance of jail authority, with a liberty to discontinue such facilities in case of misuse,” the Court said..It made the observations while dismissing rape convict Narayansai’s plea seeking permission to use laptop/ iPad/ computer in the prison. He had also sought quashing of a communication by which the authorities had declined his request for use of mobile inside the jail.It was argued that Narayansai, who is the son of rape-convict Asaram Bapu, was a good writer and prior to incarceration, had written 19 books and even after arrest, published five more books in Hindi. .Thus, Narayansai sought access to the personal laptop or computer. It was also submitted that the documents of the cases against him and his family run into thousands of pages and thus, he must be provided a laptop and phone to enable him to communicate with his lawyers.However, the Court said the use of personal mobile and other electronic equipment would be a violation of jail manual and The Prisons Act. It further observed that there exists a strong apprehension that Narayansai, if provided mobile and internet facilities, may contact his followers and outsiders and that may endanger the public peace. .It also took note of Naryansai’s conduct inside the jail and said such permission to allow him use the mobile phone may even peril the national security.“So far the petitioner is concerned, his jail conduct is also not good. Time and again, he was caught in jail keeping and using mobile illegally and for that, prison offences are also registered. Nonetheless, he had called for hunger strike from jail and provoked inmates and breached the public peace and such activities were done in connivance and in collusion with unscrupulous elements,” the order stated.The Court also noted that Narayansai's furlough application had been rejected by the top court, and further the facilities provided to him had been suspended as a form of punishment due his conduct inside the jail.“For possessing unauthorized items such as a mobile phone, battery, and tobacco, the petitioner was placed in a separate high-security cell. Furthermore, his canteen services and visitation rights were also suspended for one month. The petitioner’s conduct indicates a misuse of his liberty, and allowing him to possess personal items such as a laptop, computer, or iPad in jail could potentially lead to further misuse and breaches of public tranquility. It is important to note that, the petitioner has no absolute right to possess such prohibited items while incarcerated. Considering the petitioner’s conduct and history-sheet, the interest of society must be prioritized,” it said..Thus, the Court concluded that no case was made for granting such permission to use the gadgets. It, accordingly, dismissed the plea. However, the Court acknowledged the benefits of technology in the prison system. It also said that all prisoners cannot be painted with the same brush. “Even e-court project also, envisions e-visit and judicial system must be more accessible, efficient and equitable for all individuals, who are seeking justice on part of judicial system and for that, implemented various projects i.e. e-court, hybrid hearing, e-services, e-filing etc. and appropriate infrastructure is also developed. Hence, this is high time for the jail administration also to adopt an embrace the technology and create digital environment in a jail and spread awareness among the inmates qua availability e-services and to establish e-seva kendra or e-corner in jail and also provide vocational training to inmates.".Advocate Ashish M Dagli represented the petitioner.Public Prosecutor Hardi and Additional Public Prosecutor HK Patel represented the State.[Read Judgment]