Mumbai: Undertrials' 'right to life' includes home-cooked food say experts

The Bombay High Courts just given the thousands of undertrials languishing behind bars a reason to smile the inmates may soon be allowed home food in jail according to legal experts They were referring to the recent HC judgment that upholds an order passed by Laturs additional sessions judge which states that an undertrial accused of serious offences kidnapping gang rape and murder be allowed home foodUndertrials can approach the magistrate or trial court with such a demand instead of moving an application to the jail superintendent say lawyers Representation picThe order came about after an undertrial approached the trial court on being denied permission to have home food by the Latur jail superintendent who cited the prison Act When the trial court didnt rule in his favour he moved the sessions court in Latur and achieved victory The jail superintendent then through State of Maharashtra challenged the sessions courts order before the Bombay High CourtSetting a precedentNoted criminal lawyer Majeed Memon said HCs upholding of the sessions court order would set a precedent for other undertrials who can exercise their Right to Life under Article 21 of the ConstitutionRight to Life supersedes all rules and laws it has been elaborately stated in numerous judgments passed by the Supreme Court in various cases wherein it has given 14 instances where right to life is extended such as right to live happily right to live with a sense of security and right to human rights he added An undertrial needs to live till he receives justice hes innocent until proven guilty Rules should be different for convicts and undertrials This HC order can be used by any undertrial hence its an important oneThe senior counsel also clarified that undertrials could approach the magistrate court or trial court with such a demand instead of moving an application to the jail superintendent It would be the courts discretion to grant the request or not after considering all the facts and circumstances security parameters and nature of the case in which the accused has been arrested Another lawyer Mikhail Dey too agreed that the HC order would set a precedent which would help many undertrials as the order doesnt state that it is only for the particular caseHC observationThe state had challenged the additional sessions court order in the HC under Article 227 of the Constitution While upholding the order justice A M Dhavale observed The power to order home food vests with the magistrate or the trial court under section 167 of the Code for Criminal Procedure and the same is not controlled by virtue of sections 31 and 32 of the Prison Act 1894 the petitioners are entitled to move the trial court and if such an application is filed the court concerned should pass an appropriate order The sessions judge had every power to permit home food to the respondent He has referred to the medical evidence satisfied about the necessity to grant permission The petition therefore deserves to be dismissed and is accordingly dismissedPrison officials viewDespite repeated attempts G V Patil superintendent of jail Latur remained unavailable for comment His superior DIG central Rajendra Dhamne under who Latur jails jurisdiction falls said I am unaware of this particular order as no one consulted or informed me before approaching the HC I will have to check with the jail authorities and only then will I be able to commentAdditional Director General state prisons B K Upadhyay when asked if they would challenge the HC ruling replied in the negative Home food is allowed for certain undertrials with court order will have to check this order he said A senior prison official said We havent seen the order yet but are presuming that it might not be a blanket order it might be binding on this particular accused We have approximately 24000 undertrials in various prisons across the state and they are manned as per the prison manual They need to adhere to the same or it will be a difficult situationIn numbersLatur jail has around 291 prisoners as of March 15 2016 12 were convicts and 279 undertrials In March 2015 it housed 248 prisoners of which 10 were convicts and 238 were undertrialsCatch up on all the latest Mumbai news current affairs from Mumbai local news crime news and breaking headlines here