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Kerala High Court directs State government to ensure privacy for lawyer-client meetings in jails

The Court was considering a petition moved by a lawyer who sought directions to authorities to establish adequate and necessary facilities for holding meetings between prisoners and their legal counsel in a private and secure environment in jails.

The petitioner submitted that Section 40 of the Prison Act of 1894, Section 47 of The Kerala Prisons and Correctional Services (Management) Act, 2010, and Rule 827 (2) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 mandate that privacy should be given to the counsel and his client while taking instructions.

Yet there is no privacy when advocates consult their client as the meeting place provided is right next to the jail warden who can listen to their conversations and other persons can also listen as it is a common place for visitors, the petitioner contended.

He also submitted that no steps were taken by the Director General of Prison and Correctional Service in spite of receiving the letter sent by the State directing them to take immediate steps to provide necessary facilities as per prison statutes.

Source: Barandbench

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