SURESH JUGALKISHORE Vs. SUPERINTENDENT CENTRAL PRISON AHMEDABAD

JUDGEMENT

(1.) The petitioners are undertrial prisoners in Sabarmati Central Prison, Ahmedabad. They have two grievances, namely : (1) not allowing them to keep their private tiffin in their barrack at night, and (2) surprise search and seizure during night hours.

(2.) The learned Counsel for the petitioners has submitted that these are the elementary rights of human existence to have food and peaceful sleep at night and the Jail authorities are depriving them of these elementary rights which constitute personal liberty guaranteed under Art. 21 of the Constitution of India. The petitioners submit that as undertrial prisoners, they are entitled and (should be) permitted to have their food from outside twice in a day and the petitioners should be free in the Jail to take their food at the time of their choice at any time and they should be allowed to keep the same with them in the barrack and they cannot be compelled to take their food at the time fixed for the convict prisoners.

(3.) As regards the surprise check at night, it is submitted that before closing the barrack in the evening, there is a complete check and thereafter there is no cause for further check during the night or any surprise check and such check at unreasonable hours would deprive the petitioners-prisoners of peaceful sleep and that would be violative of Art. 21.