INACIO MANUEL MIRANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Writ Petitions came to be registered on the basis of the letters received from the prisoners. In the letters, several complaints were made about the conditions in the prison. After being prima facie satisfied, this Court directed the District and Sessions Judge, North Goa, Panaji, to inquire into the complaints made by the prisoners, by visiting the Jail and to submit his report. Accordingly, after visiting the Jail and recording the statements of inmates and Jail Officers, the learned District and Sessions Judge submitted his report.

(2.) Supreme Court in the case of (Sheela Barse v. State of Maharashtra) has reiterated the view expressed in the earlier decisions, that term Life in Article 21, has an extended meaning. Therefore, citizens who are detained in Prisons either as undertrials or as convicts are also entitled to the benefits guaranteed by the Constitution, subject to reasonable restrictions. This Court in (Madhukar Bhagwan Jambhale v. The State of Maharashtra and others) 1987 Mh.L.J. 68 has summarised the legal position, in para 8 of the said judgment, which reads as under :---

(3.) After the matter was heard for some time, ultimately, the complaints crystalized into the following grievances :---