Savita v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12542 of 2014 ====================================================== Savita W/o Safdar Ali resident of village - Raksiya, P.S. Lakriya, via Runni Saidpur, District - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary

2. Principal Secretary Home Police, Bihar, Patna

3. Director General of Police, Bihar, Patna

4. IG Prison, Bihar, Patna

5. DIG Prison, Patna, Bihar

6. Jail Superintendent, BhagalpurJail

7. Jail Superintendent, Beur Jail

8. Jail Superintendent Muzaffarpur Jail

9. Jail Superintendent, Gaya Jail .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Alka Verma For the Respondent/s : Mr. Ajay, GA 12 ====================================================== CORAM: HONOURBLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-01-2015 The petitioner claims to be a human rights activist. She has filed this writ petition with a prayer to issue direction in the nature of mandamus to the respondents herein to improve the facilities in the prisons in the State. Such facilities include those relating to (1) the meeting, i.e. 'mulakat' of the prisoners with their friends and lawyers; (2) provision of STD facility within the prisons and (3) appointment of trained counsellors, for reformation of the prisoners.

We heard Ms. Alka Verma, learned counsel for the petitioner and Mr. Ajay, learned counsel for the respondents. We quite appreciate the initiative taken by the

Patna High Court CWJC No.12542 of 2014 (3) dt.12-01-2015 2/2 petitioner for improvement of the conditions of the prisoners whether convicts, or under-trials. However, it is difficult for us to straightaway direct any specific measures. It is only the Administrators of the prisons, who are well acquainted with the conditions of the prisons, that are well suited in this behalf. The State Legal Services Authority has also, as one of its objects, visits to prisons by the judicial officers and for taking necessary steps ensuring proper implementation of the jail manuals and other basic facilities. We are of the view that the petitioner can make a representation to the I.G. Prisons as well as the State Legal Services Authority in this behalf and both of them in tandem, can examine the feasibility of providing various facilities within the framework of law.

We, therefore, dispose of the writ petition leaving it open to the petitioner to submit representation before the State Legal Services Authority and the I.G. Prisons, State of Bihar. As and when the representation is made, the said Authorities shall examine the same and ensure that proper steps, within the framework of law, are taken to redress the genuine grievance of the prisoners.

We hope that action in this behalf would be taken within two months from the date of submission of the representation.

(L. Narasimha Reddy,CJ) (Gopal Prasad, J) mrl U