In response to the PIL, the Maharashtra government filed an affidavit stating that the 2016 Manual had not been adopted by the State yet and hence was not applicable within the State.
What was effective in the State was the Maharashtra Prison Manual which did not provide for video-calling facilities as one of the modes available for communication to the prisoners.
“In the total absence of any statutory provision in this regard, neither the petitioner, as of the right of the prisoners, can seek the reliefs sought by the present petition, nor can the same be granted,” the affidavit said.
The affidavit stated that under exceptional circumstances, video calling facilities were made available to the prisoners.
Even in the absence of the provisions, the facility was made available purely on “compassionate and humanitarian grounds”, as a result of the extra-ordinary and unique situation due to the pandemic, the State submitted.
The reply stated that there were serious security issues and practical difficulties for continuation of video calling facilities in the present form in all prisons across State of Maharashtra.
It stated that prisoners who had to avail the video conference facilities were registered and a verification process was conducted prior to allowing them to use those facilities and it was difficult to verify each and every prisoner.
The affidavit also emphasized that there was no machinery and/or system in place to monitor all the audio/video categories of prisoners.
“There is a huge uncertainty as to decipher or infer the conversation between the prisoners and the person at the other end during the audio-video interactions, even if such members are verified, especially, if it is in a language not familiar to the prison staff.” the affidavit highlighted.
The affidavit by Sunil Ramanand, Additional Director General of Prisons, also apprised the Court that they are taking positive steps towards implementation of the new e-prison system and will actively work towards upgrading the current available facilities for effective and efficient management of the prisons of State.
Source: Barandbench
