Judgments

SHEELA BARSE VS STATE OF MAHARASTRA : CASE SUMMARY

The Supreme Court in Sheela Barse Vs. State of Maharastra (1983) AIR 1978  has held that legal aid must be made available to prisoners in jail whether they are under-trial or convicted persons.

FACTS OF THE CASE

Sheela Barse, a journalist, sent a letter to the Supreme Court complaining about the custodial violence to women in police lock ups of Bombay. She had interviewed 15 women prisoners in the Bombay Central Jail and five out of fifteen women had said that they had been assaulted in the police lock up. The Supreme Court admitted the said letter as Writ Petition and issued notice to concerned parties. The Supreme Court also directed   Dr. (Miss) A. R. Desai, Director of College of Social Work, Nirmala Niketan, Bombay to visit Bombay Central Jail and submit report to the Supreme Court.

FINDINGS OF THE SURPEME COURT

Supreme Court noted that legal assistance to a poor or indigent accused who is arrested and put in jeopardy of his life or personal liberty is a constitutional imperative mandated not only by Article 39A but also by Articles 14 and Article 21 of the Constitution. It is absolutely essential that legal assistance must be made available to prisoners in jails whether they be under-trail or convicted prisoners.

The Supreme Court observed that there were no adequate arrangements in Bombay Central Jail for legal assistance for women prisoners. The Supreme Court issued several directions for legal assistance to prisoners. The Supreme Court directed inter alia  for – (i) sending a list of all under- trial prisoners to Legal Aid Committee of the District showing separately male prisoners and female prisoners,  (ii) to provide facilities to lawyers to enter the jail and interview prisoners, (iii) to furnish to the lawyers all relevant information (iv) to put up notices at prominent places of jail regarding visit of lawyers nominated by Legal Aid Committee

The Supreme Court also issued several  directions for protection of women in police lock up in Maharastra. The Supreme Court directed inter alia – (i) four or five lock up in good localities should be selected only for female suspects, (ii) Female suspects should not be detained where male suspects have also been detained, (iii) Interrogation of female suspects should be done in presence of female officers/constables, (iv) A person arrested should be informed about ground of arrest and  right of such person to apply for bail (v) Police will give intimation of arrest of a person to nearest Legal Aid Committee. (vi) A lady judge to be appointed for periodic inspection of lock up (vii)Magistrate before whom such arrested person is produced shall inquire whether there has been any incidence of mal-treatment or torture in police custody.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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