'Why can't state jails be on a par with Tihar?'

MUMBAI: The Bombay high court is not happy with the facilities available for jail inmates in the state. Comparing the facilities available at Tihar jail in New Delhi , the HC on Wednesday observed: "If Tihar can have good facilities, why not prisons in Maharashtra?"

The observation was made during the hearing of a petition challenging the ban on sale of food items in jail canteens. Sardar Shahvali Khan, a convict serving life imprisonment in Aurangabad prison, had filed a Public Interest Litigation (PIL).

Khan, a 1993 Mumbai blast case convict, had challenged the circular issued by IG prisons on September 5, 2008, imposing the ban on sale of food items in jail canteens which was earlier available in all prisons in the state. The circular said that inmates could purchase small food items from the jail canteen from the money they earned inside the jail. IG (prisons) Uddhav Kamble, in his March 2010 affidavit, justified the ban saying that he had merely rectified the illegal practice which was going on since 1949.

"If prisoners want to buy or eat something, why do you prevent them? They are earning some money through work. Let them eat," said Justice Ranjana Desai.

A division bench of Justice Desai and Justice R V More said that they watched a show on reforms at Tihar and said prisoners enjoy many facilities including sports like badminton. "Why such facilities cannot be extended to prisoners in Maharashtra?" said the bench.

Public prosecutor Pandurang Pol said the IG (prisons) had earlier submitted that it was done as it is contrary to the statutory provisions.

Advocate Farhana Shah, who appeared for convicts in the Mumbai blasts case, told the court that the decision was probably prompted after an attempt to smuggle something into the prison. "For one person's sake , everybody should not be punished," argued Shah.

Petitioner's advocate AMZ Ansari submitted that inmates at Yerawada jail were allowed to buy coupons worth Rs 500/- each which would lapse if not used in the same month.

The HC has directed the government to submit its affidavit stating the reasons for stopping canteen facilities in jails.

Justice Desai, while posting the petition on June 22, quipped: "They (inmates) are not committing murder there. They want to eat."

She clarified that the court is not interfering in the prisons' administration. "But then there must be a system of checks and balances. We can also issue some guidelines," said the judge.

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