Lawyers must realise that law is not a pleasant retreat where we are concerned merely with mechanical interpretation of rules made by the legislature but it is a teeming open ended avenue through which most of the traffic of human existence passes.
There may be some individuals or class of persons in the prisons with whom interviews may not be permitted for reasons indicated by this Court in Prabha Dutt v. Every citizen has a right to receive such information through public institutions including the media as it is physically impossible for every citizen to be informed about all issues of public importance individually and personally.
The State of Maharashtra has intimated to us that there are already three cells where female suspects are kept, and are guarded by female constables and has assured the Court that two more cells with similar arrangements will be provided exclusively for female suspects.
The factual information collected as a result of the interviews should usually be cross-checked with the authorities, so that a wrong picture of a situation may not be published.
The same Constitution Bench judgment further states: The press has a special responsibility in educating citizens at large on every public issue.
There is fortunately a legal aid organisation in the State of Maharashtra headed by the Maharashtra State Board of Legal Aid and Advice which has set up committees at the High Court and district levels.
The permission in question Sheela barse v state of maharashtra essay cancelled, as stated by the Inspector-General of Prisons in his counter-affidavit to the Writ Petition, on the ground inter alia that the permission had been granted to the petitioner in contravention of the Maharashtra Prison Manual and the rules made thereunder, which govern the interviews with the prisoners; the petitioner, an amateur free lance journalist not employed by any responsible newspaper, was not covered by the said rules.
Journalists or newspapermen are not expressly referred to in clause 4 but that does not mean that they can always and without good reasons be denied the opportunity to interview a Sheela barse v state of maharashtra essay prisoner.
If it is true-that these two German and Thai women prisoners were treated by Mohan Ajwani in the manner alleged by them-and this Sheela barse v state of maharashtra essay a question on which we do not wish to express any opinion ex parte-it deserves the strongest condemnation.
And that is why the demand for openness in the government is increasingly growing in different parts of the world. Salman Khurshid Ahmed for the petitioner and Mr. Legal Aid to the poor-Importance of legal aid to the poor explained-Directions given to Prison authorities and police on providing Legal aid to the poor prisoners.
Desai, Director of College of Social Work, Nirmala Niketan, Bombay will visit the Bombay Central Jail and interview women prisoners lodged there including Devamma and Pushpa Paeen without any one else being present at the time of interview and ascertain whether they had been subjected to any torture or ill-treatment and submit a report to this Court on or before 30th August, We do not know whether this allegation made by these two German and That women prisoners is true or not but, if true, it is a matter of great shame for the legal profession and it needs to be thoroughly investigated.
We are not concerned here directly with the conditions prevailing in the Bombay Central Jail or other jails in the State of Maharashtra because the primary question which is raised in the letter of the petitioner relates to the safety and security of women prisoners in police lock up and their protection against torture and ill-treatment.
Desai that two prisoners in the Bombay Central Jail, one a German national and the other a Thai national were duped and defrauded by a lawyer, named Mohan Ajwani who misappropriated almost half the belongings of the German national and the jewellery of the Thai national on the plea that he was retaining such belongings and jewellery for payment of his fees.
If it is found as a result of inspection that there are any lapses on the part of the police authorities, the City Sessions Judge shall bring them to the notice of the Commissioner of Police and if necessary to the notice of the Home Department and if even this approach fails, the City Sessions Judge may draw the attention of the Chief Justice of the High Court of Maharashtra to such lapses.
Delhi Administrator 1 S. Where a society has chosen to accept democracy as its creda faith it is elementary that the citizens ought to know what their government is doing The citizens have a right to decide by whom and by what rules they shall be governed and they are entitled to call on those who govern on their behalf to account for their conduct No democratic government can survive without accountability and the basic postulate of accountability is that the people should have information about the functioning of the government.
The pamphlets should be in Marathi, Hindi and English. But no such consideration has been pressed upon us and therefore we do not see any reason why newspapermen who can broadly, and we suppose without great fear of contradiction, be termed as friends of the society be denied the right of an interview under clause 4 of the Rule No data has been made available to us on the basis of which it would be possible for us to say that the two prisoners are ready and willing to be interviewed Dealing with the matter further learned Chief Justice stated: Interviews become necessary as otherwise the correct information may not be collected but such access has got to be controlled and regulated.
The conditions prevailing in the Indian prisons where both under trial persons and convicted prisoners are housed is directly connected with Article 21 of the Constitution. Desai was to ascertain whether allegations of torture and ill-treatment as set out in the letter of the petitioner were, in fact, made by the women prisoners including Devamma and Pushpa Paeen to the petitioner and what was the truth in regard to such allegations.
It is for this reason that we are giving a specific direction requiring the magistrate to inform the arrested person about this right of medical examination in case he has any complaint of torture or mal-treatment in police custody.
But very often the arrested person is not aware of this right and on account of, his ignorance, he is unable to exercise this right even though he may have been tortured or maltreated by the police in police lock up.
There will be no order for costs. Female suspects should not be kept in a police lock up in which male suspects are detained. There are many casualities of this traffic and it is the function of the legal profession to help these casualities in a spirit of dedication and service.
We are aware that Section 54 of the CrPC undoubtedly provides for examination of an arrested person by a medical practitioner at the request of the arrested person and it is a right conferred on the arrested person.
The letter further indicated that there was no rules for permitting interviews except to the relatives and legal advisers for facilitating defence of prisoners. The petitioner stated in her letter that she interviewed fifteen women prisoners in the Bombay Central Jail with the permission of the Inspector General of Prisons between 11 and 17th May, and five out of them told her that they had been assaulted by the police in the police lock up.
There may be some individuals or class of persons in prison with whom interviews may not be permitted for the reasons indicated by this Court in the case of Prabha Dutt supra. Desai, Director of College of Social Work, Nirmala Niketan, Bombay will visit the Bombay Central Jail and interview women prisoners lodged there including Devamma and Pushpa Paeen without any one else being present at the time of interview v and ascertain whether they had been subjected to any torture or ill- treatment and submit a report to this Court on or before 30th August, This direction in regard to police lock ups at the districts head quarters, shall be carried out by the Sessions Judge of the district concerned.
As for tape-recording the interviews, there may be cases where such tape-recording is necessary, but tape-recording is to be subject to special permission of the appropriate authority. The Report of Dr.HEADNOTE: Sheela Barse, a free lance journalist, sought permission to interview the female prisoners in the Maharashtra State Jails.
The permission was granted by the Inspector-General of Prisons. As, how ever, the journalist started tape-recording her interviews with the prisoners, the permission to interview was withdrawn. Jun 05, · Duties of the Police and the Courts - Sheela Barse vs State Of Maharashtra (Page 1) — Criminal Procedure Code of persons in the prisons with whom interviews may not be permitted for reasons indicated by this Court in Prabha Dutt v.
Union of India & ors.,  1 S.C.R. The interviews cannot be forced upon. The State Government and the Inspector General of Prisons were directed to provide all facilities to Dr.
Miss A. namely. in fact.R. R. Desai.R. Director of College of Social Work. this Court treated the letter of the petitioner as a writ petition and issued notice to the State of Maharashtra. This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Concept of Rule of Law.
Countries such as Japan and Denmark have index scores around The difference is quite visible. This essay will define poverty and inequality, discuss the measures and consequences of poverty and inequality, and discuss why inequality is a more pressing socio-economic challenge than poverty.
Poverty can be defined as the failure to. Full text of the Supreme Court Judgment: Sheela Barse Vs. State of Maharashtra  INSC 11 (15 February ) | Judgments dated january,Download