{"id":133780,"date":"1983-02-15T00:00:00","date_gmt":"1983-02-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sheela-barse-vs-state-of-maharashtra-on-15-february-1983"},"modified":"2016-07-22T10:41:31","modified_gmt":"2016-07-22T05:11:31","slug":"sheela-barse-vs-state-of-maharashtra-on-15-february-1983","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sheela-barse-vs-state-of-maharashtra-on-15-february-1983","title":{"rendered":"Sheela Barse vs State Of Maharashtra on 15 February, 1983"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Sheela Barse vs State Of Maharashtra on 15 February, 1983<\/div>\n
Equivalent citations: 1983 AIR 378, \t\t 1983 SCR (2) 337<\/div>\n
Author: P Bhagwati<\/div>\n
Bench: Bhagwati, P.N.<\/div>\n
           PETITIONER:\nSHEELA BARSE\n\n\tVs.\n\nRESPONDENT:\nSTATE OF MAHARASHTRA\n\nDATE OF JUDGMENT15\/02\/1983\n\nBENCH:\nBHAGWATI, P.N.\nBENCH:\nBHAGWATI, P.N.\nPATHAK, R.S.\nSEN, AMARENDRA NATH (J)\n\nCITATION:\n 1983 AIR  378\t\t  1983 SCR  (2) 337\n 1983 SCC  (2)\t96\t  1983 SCALE  (1)140\n\n\nACT:\n     Legal Aid\tto the\tpoor-Importance of  legal aid to the\npoor explained-Directions  given to  Prison authorities\t and\npolice on providing Legal aid to the poor prisoners.\n\n\n\nHEADNOTE:\n     The petitioner,  a journalist,  in her letter addressed\nto  this  Court\t stated\t that  Five  out  of  fifteen  women\nprisoners interviewed  by her  in the  Bombay  Central\tJail\nalleged that  they had\tbeen assaulted\tby the police in the\npolice lock  up and  two of  them in particular alleged that\nthey had  been\tassaulted  and\ttortured  in  the  lock\t up.\nTreating the  letter as\t a writ\t petition the  Court  issued\nnotices to all concerned to show cause why the writ petition\nshould not  be allowed\tIn the meanwhile the Director of the\nCollege of Social Work, Nirmala Niketan, Bombay was directed\nto interview  the women prisoners without any one else being\npresent and  ascertain whether\tthe allegations\t made to the\npetitioner were correct. The Director, in her report, stated\namong other  things that  there was  no adequate arrangement\nfor providing  legal assistance\t to women prisoners and that\ntwo prisoners  who were\t foreign nationals complained that a\nlawyer duped  and defrauded  them and misappropriated almost\nhalf of\t their belongings  and jewellery on the plea that he\nwas retaining them for payment of his fees.\n     Disposing of  the petition the court gave the following\ndirections: F\n     Legal  assistance\t to  a\tpoor  or  indigent  accused,\narrested and  put  in  jeopardy\t of  his  life\tor  personal\nliberty, is a constitutional imperative mandated not only by\nArt. 39A but also by Articles 14 and 21 of the Constitution.\nIt is  a Necessary  sine qua  non of justice and where it is\nnot provided, injustice is likely to result and every act of\ninjustice corrodes  the foundations of democracy and rule of\nlaw. It\t is possible  that a  prisoner lodged in a jail does\nnot know  to whom  he can  turn for  help  to  indicate\t his\ninnocence or  defend his constitutional G or legal rights or\nto  protect   himself  against\ttorture\t and  ill-treatment,\noppression and harassment at the hands of his custodians. It\nis also\t possible that\the or  the members of his family may\nhave other  problems where  legal assistance is required but\nby reason  of his  being incarcerate. it may be difficult if\nnot impossible\tfor him\t or the\t members of  his  family  to\nobtain proper legal advice or aid. It is therefore essential\nthat legal assistance must be made available to prisoners in\njails whether they be under-trials or convicted prisoners.\n338\n     The Inspector  General of Prisons in Maharashtra should\nissue  a   circular  to\t all  Superintendents  of  Jails  in\nMaharashtra  requiring\t them  to  send\t to  the  Legal\t Aid\nCommittee of  each district  in which  the jail is situated:\n(i) a  list of\tall under-trial prisoners giving the date of\nentry, the nature of the offence showing separately male and\nfemale prisoners  and (ii)  a list giving the particulars of\npersons arrested  on suspicion\tunder s.  41 of\t the Code of\nCriminal Procedure  who have been in jail beyond a period of\n15 days. The Circular should also contain directions: (i) to\nprovide facilities  to lawyers\tnominated by  the  concerned\ndistrict Legal\tAid Committee  to  enter  the  jail  and  to\ninterview the  prisoners who  have expressed their desire to\nhave their  assistance;\t (ii)  to  furnish  to\tthe  lawyers\nnominated by tho Legal Aid Committee whatever information is\nrequired by  them in  regard to the prisoners in jail; (iii)\nto put\tup notices  at prominent  places in  the  jail\tthat\nlawyers\t nominated  by\tthe  concerned\tDistrict  Legal\t Aid\nCommittee would be visiting the jail on particular days arid\nthat prisoners\twho wanted  their assistance  could avail of\ntheir counselling  services; (iv)  to allow  any prisoner to\nmeet such  lawyers. Such  interview should  be within, sight\nbut out\t of hearing of any jail official. [343 D-E, G-H, 344\nA-D]\n     The Maharashtra  State Board of Legal Aid should advise\nand instruct the District Legal Aid Committees to nominate a\nfew selected  lawyers to  visit the  jail or  jails  in\t the\ndistrict once  in a  fortnight to  ascertain whether the law\nlaid down  by this  Court and the High Court in this respect\nis  being   properly  and  effectively\timplemented  and  to\ninterview the  prisoners who  express their desire to obtain\nlegal assistance.  The State  Board should call for periodic\nreports from  the district  legal aid  committees to  ensure\nthat these  directions are  being properly carried out. [344\nE-H]\n     The Court has given the following further directions:\n     (i) Four  or five police lock ups should be selected in\nreasonably good localities where only female suspects should\nbe kept\t and they  should be  guarded. by female constables.\nFemale suspects\t should not  be kept  in a police lock up in\nwhich male suspects are detained. [345 E-F]\n     (ii) Interrogation\t of females  should be\tcarried\t out\nonly in\t the presence  of female police officers\/constables.\n[345 G]\n     (iii) A person arrested must be immediately informed of\nthe grounds of his arrest. It must immediately be made known\nto the\tarrested person\t that he  is entitled  to apply\t for\nbail. The  Maharashtra State  Board of\tLegal Aid and Advice\nshould forthwith  get a\t pamphlets prepared  setting out the\nlegal rights  of an arrested person. The pamphlets should be\nin  Marathi,  Hindi  and  English.  Printed  copies  of\t the\npamphlets in  all these\t languages should be affixed in each\ncell in every police lock up. As soon as the arrested person\nis brought  to the  police station,  the pamphlet  should be\nread  out   to\thim   in  any  of  the\tlanguages  which  he\nunderstands. [345 H, 346 A C]\n     (iv) Whenever  a person  is arrested  by the police and\ntaken to  the police  lock up, the police should immediately\ngive intimation\t of the\t fact of  such arrest to the nearest\nLegal Aid Committee which should take immediate steps to\n339\nprovide legal assistance to him at State cost provided he is\nwilling to accept such A legal assistance. [346 D-E]\n     (v) In  the city  of Bombay,  a  City  Sessions  Judge,\nnominated by  the principal  Judge of  the City Civil Court,\npreferably a lady Judge if there is one, shall make surprise\nvisits to  police lock\tups in\tthe city periodically with a\nview to providing the arrested persons an opportunity to air\ntheir grievances  and for ascertaining the conditions in the\npolice lock  up, whether  the requisite facilities are being\nprovided, whether  the provisions  of law are being observed\nand that  these directions  are being  carried out. If it is\nfound that  there are  any lapses  on the part of the police\nauthorities, the City Sessions Judge shall bring them to the\nnotice of the Commissioner of Police and if necessary to the\nnotice of  the Home Department. If even this approach fails,\nthen the  City Sessions\t Judge may draw the attention of the\nChief Justice  of the  High  Court  of\tMaharashra  to\tsuch\nlapses. This  direction in  regard to  police lock up at the\ndistrict headquarters  shall be\t carried out by the Sessions\nJudge of the district concerned. [346 F-H, 347 A]\n     (vi) As  soon as  a person is arrested, the police must\nimmediately obtain  from him  the name\tof any\trelative  or\nfriend whom  he would  like to\tbe informed about his arrest\nand the\t police should\tget in\ttouch with  such relative or\nfriend and inform him about the arrest. [347 B-C]\n     (vii) The\tmagistrate before whom an arrested person is\nproduced shall enquire from him whether he has any complaint\nof torture  or maltreatment in police custody and inform him\nthat he has a right under section 54 of the Code of Criminal\nProcedure 1973 to be medically examined. [347 C-D]\n     The Court made the following observations:\n     The profession  of law  is a noble profession. A lawyer\nowes a\tduty to\t the society to help people in distress more\nso when\t those in  distress are\t women 2nd  in jail. Lawyers\nmust positively\t reach up  to those sections of humanity who\nare poor,  illiterate and  ignorant and\t who, when  they are\nplaced in  a crisis such as an accusation of crime or arrest\nor imprisonment, do not know what to do or where to go or to\nwhom to turn. If lawyers, instead of coming to the rescue of\npersons in  distress, exploit  and prey upon them, the legal\nprofession will\t come into disrepute and The large masses of\npeople in  the country\twould lose faith in lawyers and that\nwould be  destructive of democracy and the rule of law. [342\nF-H, 343 A-B]\n\n\n\nJUDGMENT:\n<\/pre>\n
     ORIGINAL JURISDICTION;  Writ Petition (Crl.) Nos. 1053-
\n1054 of 1982.\n<\/p>\n
     (Under Article 32 of the Constitution of India.
\n     Khursheed Ahmed for the Petitioner.\n<\/p>\n
     K.G. Bhagat  Addl. Sol.  General, V.B.  Joshi and\tM.N.
\nShroff for the Respondent.\n<\/p>\n
340<\/span><\/p>\n
     The Judgment of the Court was delivered by
\n     BHAGWATI, J.  This writ  petition is  based on a letter
\naddressed by  Sheela Barse,  a\tjournalist,  complaining  of
\ncustodial violence to women prisoners whilst confined in the
\npolice lock  up in the city of Bombay. The petitioner stated
\nin her\tletter that  she interviewed fifteen women prisoners
\nin the\tBombay Central\tJail  with  the\t permission  of\t the
\nInspector General  of Prisons  between 11 and 17th May, 1982
\nand five  out of  them told her that they had been assaulted
\nby the\tpolice in  the police  lock up.\t Of these  five\t who
\ncomplained of  having been  assaulted  by  the\tpolice,\t the
\npetitioner particularly\t mentioned the cases of two, namely,
\nDevamma and  Pushpa Paeen  who were  allegedly assaulted and
\ntortured whilst\t they were  in the police lock up. It is not
\nnecessary for  the purpose  of this writ petition to go into
\nthe various allegations in regard to the ill-treatment meted
\nout to\tthe women  prisoners  in  the  police  lock  up\t and
\nparticularly the  torture and  beating to  which Devamma and
\nPushpa Paeen  were said to have been subjected because we do
\nnot propose  to investigate  into the  correctness of  these
\nallegations which  have been disputed on behalf of the State
\nof Maharashtra.\t But, since  these allegations\twere made by
\nthe  women  prisoners  interviewed  by\tthe  petitioner\t and
\nparticularly by\t Devamma and  Pushpa Paeen  and there was no
\nreason to  believe that\t a journalist  like  the  petitioner
\nwould invent  or fabricate such allegations if they were not
\nmade to\t her by\t the women prisoners, this Court treated the
\nletter of  the petitioner  as a\t writ  petition\t and  issued
\nnotice to  the State  of Maharashtra,  Inspector General  of
\nPrisons, Maharashtra,  Superintendent, Bombay  Central\tJail
\nand the\t Inspector General  of Police,\tMaharashtra  calling
\nupon them  to show cause why the writ petition should not be
\nallowed. It  appears that on the returnable date of the show
\ncause notice  no affidavit was filed on behalf of any of the
\nparties to  whom show cause notice was issued and this Court
\ntherefore adjourned  the hearing  of the  writ\tpetition  to
\nenable the State of Maharashtra and other parties to file an
\naffidavit in  reply to\tthe averments  made in the letter of
\nthe  petitioner.  This\tCourt  also  directed  that  in\t the
\nmeanwhile Dr.  (Miss) A.R.  Desai, Director  of\t College  of
\nSocial Work,  Nirmala Niketan,\tBombay will visit the Bombay
\nCentral Jail  and interview  women  prisoners  lodged  there
\nincluding Devamma  and Pushpa  Paeen without  any  one\telse
\nbeing present  at the  time of\tinterview  v  and  ascertain
\nwhether they  had been\tsubjected to  any  torture  or\till-
\ntreatment and  submit a\t report to  this Court\ton or before
\n30th August,  1982. The\t State Government  and the Inspector
\nGeneral of Prisons were directed to provide all
\n341<\/span>
\nfacilities  to\tDr.  Miss  A.R.\t Desai\tto  carry  out\tthis
\nassignment entrusted  to her.  The object  of assigning this
\ncommission to  Dr. Miss\t A.R. Desai was to ascertain whether
\nallegations of\ttorture and  ill-treatment as set out in the
\nletter of  the petitioner  were, in  fact, made by the women
\nprisoners  including   Devamma\tand   Pushpa  Paeen  to\t the
\npetitioner  and\t what  was  the\t truth\tin  regard  to\tsuch
\nallegations. Pursuant  to the  order made by this Court, Dr.
\nMiss A.R.  Desai visited  Bombay Central  prison  and  after
\ninterviewing women  prisoners lodged  there, made a detailed
\nreport to this Court. The Report is a highly interesting and
\ninstructive socio-legal\t document Which\t provides an insight
\ninto the  problems and\tdifficulties facing  women prisoners
\nand we\tmust express our sense of gratitude to Dr. Miss A.R.
\nDesai for  the trouble\ttaken by  her in  submitting such  a
\nwonderfully thorough  and  perceptive  report.\tWe  are\t not
\nconcerned here\tdirectly with  the conditions  prevailing in
\nthe Bombay  Central Jail  or other  jails in  the  State  of
\nMaharashtra because  the primary question which is raised in
\nthe letter  of the  petitioner relates\tto  the\t safety\t and
\nsecurity of  women prisoners  in police\t lock up  and  their
\nprotection against torture and ill-treatment. But even so we
\nwould  strongly\t  recommend  to\t the  Inspector\t General  of
\nPrisons, Maharashtra  that he may have a look at this Report
\nmade by Dr. Miss A.R. Deasai and consider what further steps
\nare necessary to be taken in order to improve the conditions
\nin the\tBombay Central\tJail and other jails in the State of
\nMaharashtra and\t to make  life for  the women prisoners more
\neasily bearable\t by them.  There is  only one  matter  about
\nwhich we would like to give directions in this writ petition
\nand  that  is  in  regard  to  the  need  to  provide  legal
\nassistance not\tonly to women prisoners but to all prisoners
\nlodged in  the jails  in the State of Maharashtra. We have p
\nalready had occasion to point out in several decisions given
\nby this\t Court that  legal assistance  to a poor or indigent
\naccused who  is arrested  and put in jeopardy of his life or
\npersonal liberty is a constitutional imperative mandated not
\nonly by\t Article 39  but also  by Articles  14 and 21 of the
\nConstitution. It  is a necessary sine qua non of justice and
\nwhere it  is not provided, injustice is likely to result and
\nundeniably every  act of  injustice corrodes the foundations
\nof democracy  and rule\tof law, because nothing rankles more
\nin the human heart than a feeling of injustice and those who
\nsuffer and cannot get justice because they are priced out of
\nthe legal  system, lose\t faith in  the legal  process and  a
\nfeeling begins\tto overtake  them that democracy and rule of
\nlaw are\t merely slogans\t or myths intended to perpetuate the
\ndomination of the rich and the powerful
\n342<\/span>
\nand to\tprotect the  establishment and the vested interests.
\nImagine the  helpless condition\t of a prisoner who is lodged
\nin a  jail who does not know to whom he can turn for help in
\norder\tto   vindicate\t his   innocence   or\tdefend\t his
\nconstitutional or legal rights or to protect himself against
\ntorture and  ill-treatment or  oppression and  harassment at
\nthe hands  of his custodians. lt is also possible that he or
\nthe members  of his  family may\t have other  problems  where
\nlegal assistance  is required  but by  reason of  his  being
\nincarcerated, it  may be difficult if not impossible for him
\nor the\tmembers of  his family to obtain proper legal advice
\nor aid.\t It is\ttherefore absolutely  essential\t that  legal
\nassistance must\t be made  available to prisoners in C: jails
\nwhether they be under-trial or convicted prisoners.\n<\/p>\n
     The Report\t of Dr.\t Miss A.R. Desai shows that there is
\nno adequate  arrangement for  providing legal  assistance to
\nwomen prisoners and we dare say the situation which prevails
\nin the\tmatter of  providing legal assistance in the case of
\nwomen prisoners\t must also  be the  same m  regard  to\tmale
\nprisoners. It  is pointed out in the Report of Dr. Miss A.R.
\nDesai that  two prisoners  in the Bombay Central Jail, one a
\nGerman national and the other a Thai national were duped and
\ndefrauded   by\t  a   lawyer,\tnamed\tMohan\tAjwani\t who
\nmisappropriated almost\thalf the  belongings of\t the  German
\nnational and  the jewellery of the Thai national on the plea
\nthat he\t was retaining\tsuch belongings\t and  jewellery\t for
\npayment of  his fees. We do not know whether this allegation
\nmade by these two German and Thai women prisoners is true or
\nnot but,  if true,  it is  a matter  of great  shame for the
\nlegal  profession   and\t  it   needs   to   be\t thoroughly.
\ninvestigated. The  profession of  law is-a  noble profession
\nwhich has  always regarded  itself as  a  branch  of  social
\nservice and  a lawyer  owes a  duty to\tthe society  to help
\npeople in  distress and\t more so  when those in distress are
\nwomen and  in jail.  Lawyers must  realise that law is not a
\npleasant  retreat   where  we\tare  concerned\tmerely\twith
\nmechanical interpretation  of rules  made by the legislature
\nbut it\tis a teeming open ended avenue through which most of
\nthe traffic  of\t human\texistence  passes.  There  are\tmany
\ncasualities of\tthis traffic  and it  is the function of the
\nlegal profession  to help  these casualities  in a spirit of
\ndedication and\tservice. It  is for  the lawyers to minimise
\nthe numbers  of those casualities who still go without legal
\nassistance. The\t lawyers must  positively reach out to those
\nsections of  humanity who  are poor, illiterate and ignorant
\nand who,  when they  are placed\t in  a\tcrisis\tsuch  as  an
\naccusation of  crime or\t arrest or imprisonment, do not know
\nwhat
\n343<\/span>
\nto do or where to go or to whom to turn. If lawyers, instead
\nof A  coming to\t the rescue  of persons in distress, exploit
\nand prey  upon them,  the legal\t profession will  come\tinto
\ndisrepute and  large masses  of people\tin the country would
\nlose faith  in lawyers\tand that  would\t be  destructive  of
\ndemocracy and  rule of\tlaw. If\t it is\ttrue-that these\t two
\nGerman and Thai women prisoners were treated by Mohan Ajwani
\nin the\tmanner alleged\tby them-and  this is  a question  on
\nwhich we  do not  wish to  express any\topinion ex  parte-it
\ndeserves the  strongest\t condemnation.\tWe  would  therefore
\ndirect that  the allegations made by the two German and Thai
\nwomen prisoners as set out in paragraph 9.2 of the Report of
\nDr. Miss A.R. Desai be referred to the Maharashtra State Bar
\nCouncil for taking such action as may be deemed fit.\n<\/p>\n
     But, this incident highlights the need for setting up a
\nmachinery for  providing legal\tassistance to  prisoners  in
\njails. There  is fortunately a legal aid organisation in the
\nState of  Maharashtra headed  by the Maharashtra State Board
\nof Legal  Aid and  Advice which has set up committees at the
\nHigh Court  and district  levels. We  would therefore direct
\nthe Inspector  General of  Prisons in Maharashtra to issue a
\ncircular to  all Superintendents  of Police  in\t Maharashtra
\nrequiring them-\n<\/p>\n
     (1)  to send a list of all under-trial prisoners to the
\n\t  Legal Aid  Committee of  the district in which the
\n\t  jail is  situate giving particulars of the date of
\n\t  entry of the under-trial prisoners in the jail and
\n\t  to the extent possible, of the offences with which
\n\t  they\tare  charged  and  showing  separately\tmale
\n\t  prisoners and female prisoners.\n<\/p><\/blockquote>\n
     (2)  to furnish  to the  concerned District  Legal\t Aid
\n\t  Committee a list giving particulars of the persons
\n\t  arrested on suspicion under section 41 of the Code
\n\t  of Criminal Procedure who have been in jail beyond
\n\t  a period of 15 days.\n<\/p><\/blockquote>\n
     (3)  to provide  facilities to the lawyers nominated by
\n\t  the concerned\t District  Legal  Aid  Committee  to
\n\t  enter the  jail and to interview the prisoners who
\n\t  have\texpressed   their  desire   to\thave   their
\n\t  assistance.\n<\/p><\/blockquote>\n
344<\/span><\/p>\n
     (4)  to  furnish\tto  the\t lawyers  nominated  by\t the
\n\t  concerned District  Legal Aid\t Committee  whatever
\n\t  information is  required by  them in regard to the
\n\t  prisoners in jail.\n<\/p><\/blockquote>\n
     (5)  to put  up notices at prominent places in the jail
\n\t  that lawyers\tnominated by  the concerned District
\n\t  Legal Aid  Committee would be visiting the jail on
\n\t  particular days  and that any prisoner who desires
\n\t  to have  their assistance  can meet them aud avail
\n\t  of their counselling services; and
\n     (6)  to allow  any prisoner  who desires  to  meet\t the
\n\t  lawyers nominated  by the concerned District Legal
\n\t  Aid Committee\t to interview  and meet such lawyers
\n\t  regarding any\t matter for  which he requires legal
\n\t  assistance and  such interview  should  be  within
\n\t  sight but out of hearing of and jail official.<\/p><\/blockquote>\n
     We would also direct that in order to effectively carry
\nout these  directions which  are being\tgiven by  us to\t the
\nInspector General of Prisons, the Maharashtra State Board of
\nLegal Aid  and Advice  will instruct  the District Legal Aid
\nCommittees of  the districts  in which\tjails are situate to
\nnominate a  couple of  selected lawyers\t practising  in\t the
\ndistrict court\tto visit  the jail  or jails in the district
\natleast once  in a  fortnight with  a view  to\tascertaining
\nwhether the  law laid down by the Supreme Court and the High
\nCourt of  Maharashtra in  regard to  the rights of prisoners
\nincluding the right to apply for bail and the right to legal
\naid is\tbeing properly\tand effectively\t implemented and  to
\ninterview the  prisoners who  have expressed their desire to
\nobtain legal  assistance and  to  provide  them\t such  legal
\nassistance as  may be  necessary for the purpose of applying
\nfor release  on bail  or parole\t and ensuring  them adequate
\nlegal  representation\tin  courts,   including\t filing\t  or
\npreparation of\tappeals\t or  revision  applications  against
\nconvictions and\t legal aid and advice in regard to any other
\nproblems which\tmay be\tfacing them  or the members of their
\nfamilies. The  Maharashtra State Board of Legal Aid & Advice
\nwill call  for periodic\t reports from the district legal aid
\ncommittees with\t a view\t to ensuring  that these  directions
\ngiven by  us are  being properly  carried out. We would also
\ndirect the  Maharashtra State  Board of Legal Aid and Advice
\nto pay\tan honorarium of Rs. 25\/- per lawyer for every visit
\nto the\tjail together  with reasonable\ttravelling  expenses
\nfrom the court house to jail and back. These directions
\n345<\/span>
\nin so  far as  the city\t of Bombay  is concerned,  shall  be
\ncarried\t out  by  substituting\tthe  High  Court  Legal\t Aid
\nCommittee for  the District Legal Aid Committee, since there
\nis no District Legal aid committee in the city of Bombay but
\nthe Legal  Aid Programme  is carried  out by  the High Court
\nLegal Aid Committee. We may point out that this procedure is
\nbeing followed\twith immense  benefit to  the  prisoners  in
\njails by the Tamil Nadu State Legal Aid & Advice Board.\n<\/p>\n
     We may  DOW take  up the  question as to how protection
\ncan be\taccorded to  the women prisoners in police lock ups.
\nWe put\tforward several\t suggestions to the learned advocate
\nappearing on  behalf of\t the petitioner\t and  the  State  of
\nMaharashtra in\tthe course  of the  hearing and\t there was a
\nmeaningful and\tconstructive debate  in court.\tThe State of
\nMaharashtra offered  its full  co-operation to\tthe Court in
\nlaying down  the guidelines  which should be followed so far
\nas women prisoners in police lock ups are concerned and most
\nof the\tas suggestions\tmade by\t us were readily accepted by
\nthe State  of Maharashtra.  We propose to give the following
\ndirections as a result of meaningful and constructive debate
\nin court in regard to various aspects of the question argued
\nbefore us.\n<\/p>\n
     (i)   We would direct that four or five police lock ups
\n\t  should be  selected in  reasonably good localities
\n\t  where only female suspects should be kept and they
\n\t  should be  guarded by\t female\t constables.  Female
\n\t  suspects should  not be  kept in police lock up in
\n\t  which male  suspects are  detained. The  State  of
\n\t  Maharashtra has  intimated to\t us that  there\t are
\n\t  already three cells where female suspects are kept
\n\t  and are  guarded  by\tfemale\tconstables  and\t has
\n\t  assured the Court that two more cells with similar
\n\t  arrangements\twill  be  provided  exclusively\t for
\n\t  female suspects.\n<\/p>\n
     (ii) We  would further  direct  that  interrogation  of
\n\t  females should be carried out only in the presence
\n\t  of female police officers\/constables.\n<\/p>\n
     (ii) Whenever  a  person  is  arrested  by\t the  police
\n\t  without warrant,  he must  be immediately informed
\n\t  of the  the grounds  of his  arrest and in case of
\n\t  every arrest\tit must immediately be made known to
\n\t  the arrested
\n346<\/span>
\n\t  person that  he is entitled to apply for bail. The
\n\t  Maharashtra State Board of Legal Aid & Advice will
\n\t  forthwith get\t a pamphlet prepared setting out the
\n\t  legal rights\tof an  arrested person and the State
\n\t  of Maharashtra will bring out sufficient number of
\n\t  printed copies of the pamphlet in Marathi which is
\n\t  the  language\t of  the  people  in  the  State  of
\n\t  Maharashtra as  also\tin  Hindi  and\tEnglish\t and
\n\t  printed copies  of the  pamphlet in  all the three
\n\t  languages shall  be affixed  in each cell in every
\n\t  police lock  up and  shall  be  read\tout  to\t the
\n\t  arrested person  in any  of  the  three  languages
\n\t  which he  understands as  soon as he is brought to
\n\t  the police station.\n<\/p>\n
     (iv) We  would also  direct that  whenever a  person is
\n\t  arrested by  the police  and taken  to the  police
\n\t  lock up,  the\t police\t will  immediately  give  an
\n\t  intimation of\t the fact  of  such  arrest  to\t the
\n\t  nearest Legal\t Aid Committee\tand such  Legal\t Aid
\n\t  Committee  will   take  immediate  steps  far\t the
\n\t  purpose  of  providing  legal\t assistance  to\t the
\n\t  arrested person  at  State  cost  provided  he  is
\n\t  willing  to  accept  such  legal  assistance.\t The
\n\t  State Government  will provide  necessary funds to
\n\t  the concerned Legal Aid Committee for carrying out
\n\t  this direction.\n<\/p>\n
     (v)  We would direct that in the city of Bombay, a City
\n\t  Sessions Judge,  to be  nominated by the principal
\n\t  Judge of  the City  Civil Court, preferably a lady
\n\t  Judge, if there is one, shall make surprise visits
\n\t  to police lock ups in the city periodically with a
\n\t  view\tto   providing\tthe   arrested\tpersons\t  an
\n\t  opportunity\tto    air   their   grievances\t and
\n\t  ascertaining what are the conditions in the police
\n\t  lock ups  and whether the requisite facilities are
\n\t  being provided and the provisions of law are being
\n\t  observed and\tthe directions given by us are being
\n\t  carried out.\tIf  it\tis  found  as  a  result  of
\n\t  inspection that  there are  any lapses on the part
\n\t  of the police authorities, the City Sessions Judge
\n\t  shall bring them to the notice of the Commissioner
\n\t  of Police  and if  necessary to  the notice of the
\n\t  Home Department  and if  even this approach fails,
\n\t  the City  Sessions Judge may draw the attention of
\n\t  the Chief  Justice of the High Court of Mahrashtra
\n\t  to such lapses. This direc-\n<\/p>\n
347<\/span><\/p>\n
\t  tion in regard to police lock ups at the districts
\n\t  head\tquarters,   shall  be  carried\tout  by\t the
\n\t  Sessions Judge of the district concerned.\n<\/p>\n
     (vi) We  would direct  that as  soon  as  a  person  is
\n\t  arrested, the\t police must immediately obtain from
\n\t  him the  name of  any relative  or friend  whom he
\n\t  would like to be informed about his arrest and the
\n\t  police should\t get in\t touch with such relative or
\n\t  friend and inform him about the arrest; and lastly\n<\/p>\n
     (vii) We  would direct  that the magistrate before whom
\n\t  an arrested  person is produced shall enquire from
\n\t  the arrested\tperson whether\the has any complaint
\n\t  of torture  or maltreatment  in police custody and
\n\t  inform him  that he  has right under section 54 of
\n\t  the  Code   of  Criminal   Procedure\t1973  to  be
\n\t  medically examined.  We are  aware that section 54
\n\t  of the Code of Criminal Procedure 1973 undoubtedly
\n\t  provides for\texamination of an arrested person by
\n\t  a medical  practitioner  at  the  request  of\t the
\n\t  arrested person and it is a right conferred on the
\n\t  arrested  person.  But  very\toften  the  arrested
\n\t  person is  not aware\tof this right and on account
\n\t  of his  ignorance, he\t is unable  to exercise this
\n\t  right even  though he\t may have  been tortured  or
\n\t  malterated by\t the police in police lock up. It is
\n\t  for this  reason that\t we are\t giving\t a  specific
\n\t  direction requiring  the magistrate  to inform the
\n\t  arrested  person   about  this  right\t of  medical
\n\t  examination  in  case\t he  has  any  complaint  of
\n\t  torture or mal-treatment in police custody.
\n     We have  no doubt\tthat if\t these directions  which are
\nbeing given by us are carried out both in letter and spirit,
\nthey will  afford considerable\tprotection to  prisoners  in
\npolice lock  ups and save them from possible torture or ill-
\ntreatment. The writ petition will stand disposed of in terms
\nof this order.\n<\/p>\n
P.B.R.\n<\/p>\n
348<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Sheela Barse vs State Of Maharashtra on 15 February, 1983 Equivalent citations: 1983 AIR 378, 1983 SCR (2) 337 Author: P Bhagwati Bench: Bhagwati, P.N. PETITIONER: SHEELA BARSE Vs. RESPONDENT: STATE OF MAHARASHTRA DATE OF JUDGMENT15\/02\/1983 BENCH: BHAGWATI, P.N. BENCH: BHAGWATI, P.N. PATHAK, R.S. SEN, AMARENDRA NATH (J) CITATION: 1983 AIR […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-133780","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nSheela Barse vs State Of Maharashtra on 15 February, 1983 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sheela-barse-vs-state-of-maharashtra-on-15-february-1983\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sheela Barse vs State Of Maharashtra on 15 February, 1983 - 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