ASGAR YUSUF MUKADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned advocate for the petitioners and the learned APP for State. Perused the records.

(2.) THE petitioners challenge the vires of sections 31 and 32, as amended, of the Prisons Act 1894, hereinafter called as "the said Act" being in violation of the provisions of Articles 14 and 21 of the Constitution of India and for further direction against implementation of those provisions-of law.

(3.) FEW facts relevant for the decision are that, at the relevant time, the petitioners were lodged in Bombay Central Prison at Arthur Road, as under-trial prisoners in Bomb Blast Cases No. 1 of 1993. They were detained for a period exceeding seven years at the time of the filing of the petition. Section 31 of the said Act, which dealt with the provisions relating to the availability Of certain facilities regarding food clothing, (bedding and other necessaries to the under-trial prisoners and civil prisoners as well AS Section 32 which dealt with restriction on transfer of food and clothing between certain prisoners were sought to be amended by the Prisons ( Maharashtra amendment ) Act- 2000 hereinafter called as "the amendment Act" by introducing new) provisions of law in place of the old Sections 31 and 32 of the said act. Aggrieved by the consequences which would follow from the amendment to the said provisions of law, the same are sought to be challenged by the petitioners.