Communication of prisoner with outside world will be recorded/ monitored for safety, security: UP government informs Allahabad High Court

In a plea before the Allahabad High Court regarding the rights of prisoners, the Uttar Pradesh (UP) government counsel informed the Court that communication of prisoners with outside world will be recorded/monitored for safety and security (Anshad Badarudheen & Anr v. State of UP)..This is being done as per the recommendations and guidelines issued by the High Powered Committee constituted pursuant to the directions of the Supreme Court in the case of In Re Contagion of COVID-19 virus in prisons, the State Counsel told the High Court..A Division Bench of Justices Devendra Kumar Upadhyaya and Ajai Kumar Srivastava-I, was hearing a plea moved by two undertrial prisoners to interact with their family members and direct the government to provide them with appropriate facilities for interaction through video conference or telephonic communication.They are presently lodged in district jail, Lucknow and are facing trial for offences under UAPA, Arms Act, Explosive Substances Act and Indian Penal Code. SN Tilhari, Additional Government Advocate (AGA) informed the court that after the directions issued by the Supreme Court in Re: Contagion of COVID19 virus in prisons, a High Powered Committee was constituted in the State chaired by the Executive Chairperson of the Uttar Pradesh State Legal Services Authority..He further said that the prisoner can interact with the outer world, but the same conversation shall be monitored and recorded for safety purposes."He has also referred to certain decisions taken by the High Powered Committee in its meeting held on 09.06.2021. As per said decision, certain guidelines have been issued which inter alia provide that communication of the prisoner with outside world shall be monitored from the point of view of safety and security. The guidelines further provide that from the point of view of safety and security such communication shall be recorded and genuine communication shall be liberally allowed," the Court recorded in its order. .On the issue of interview with an undertrial by a legal advisor/ advocate, it was submitted by AGA that it can be arranged only on satisfaction of the superintendent of jail. In this regard, reliance was placed on paragraph 457D of UP Jail Manual which lays down the procedure..The Court took note of the fact that in these hard times /extraordinary situation, visit of inmates by the family members/lawyers and their group activities have been suspended. .The court took note of the two issues - first, regarding the interaction of prisoners with advocates and second, with the family members. Meeting with legal Advisors/AdvocatesIn this regard, AGA Tilhari referred to certain provisions contained in U.P. Jail Manual. The Court noted the same stating,"Specifically referring to paragraph 457-D of U.P. Jail Manual, Sri Tilhari has submitted that interview by a legal Advisor of the prisoner has to be arranged only on the satisfaction of the Superintendent of Jail concerned regarding genuineness of the requirement of such interview. He has further stated that paragraphs 697 to 708 of U.P.Jail Manual provide a procedure for making an application for the purposes of permitting interview of the prisoners with the legal Advisors/Advocates."While disposing of the plea, the court permitted the legal advisor/ advocates of the petitioners to move an appropriate application under paragraphs 697 to 708 of UP Jail Manual. "Once any such application is made, the Superintendent of Jail shall take a decision and record his satisfaction as required by the provisions contained in paragraph 457-D of UP Jail Manual," the Court said..Meeting with family membersIn this regard, the AGA informed the Court that such interaction will be permissible telephonically as per the guidelines and for the said purpose, telephone number through which such conversation/interaction is to be permitted, would have to be verified. For the same, a letter was written by the Superintendent of Jail, Lucknow on April 1, 2021 to the Superintendent of Police of district concerned at Kerala from where the petitioners originally hail. "He, on the basis of instructions received, has further stated that as soon as telephone number which is to be utilized for the purpose of communication of the petitioners with the family members is verified, interview of the prisoners with the family members shall be arranged," the court observed.Advocate Sheeran Mohiuddin Alavi appeared on behalf of the petitioners and AGA, SN Tilhari represented the state government. .[Read Order]