In a significant move to promote transparency and public awareness, the Bombay High Court has directed the Maharashtra Government to upload the State’s Prison Manual and Police Manual on the internet. The court emphasized that these crucial documents must be made accessible to the public so that prisoners, their families, and citizens at large are aware of the rights and legal provisions applicable during incarceration.
A division bench comprising Justice Revati Mohite-Dere and Justice Dr. Neela Gokhale issued this directive while hearing a petition concerning the treatment of undertrial prisoners. The bench pointed out that the Prison Manual is still not available online, leaving many unaware of their basic rights.
"Why can't the prison manual be put up on the website because that is one document which nobody has... It must be made available to the public at large so that they can be aware of their rights... Scan (the hard copy) it and upload it maximum by next week," Justice Mohite-Dere orally directed during the hearing.
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Responding to the court’s suggestion, Additional Public Prosecutor Prajakta Shinde stated that she would need instructions from the Home Department on whether the manuals could be uploaded online.
However, Justice Mohite-Dere firmly responded,
Prison manual should be known to the public otherwise how will the public know their rights? Also, what is so confidential in the manual that you need instructions from Home Department? Everybody has the right to know their rights.
Advocate Vijay Hiremath, who was present in the courtroom, highlighted that the Police Manual too is not available for public access. Supporting this observation, the court ordered the State to upload both the Prison and Police Manuals on official government websites and further use social media to raise awareness about the key provisions in these documents.
"Use social media for this... This would be rather proper usage of social media..." remarked Justice Mohite-Dere.
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The bench also hinted at forming a committee to revamp the Police and Prison Manuals, pointing out that some provisions may be outdated or irrelevant. For now, however, the focus remains on ensuring public access to the current manuals.
In addition to the directives on public accessibility, the court also raised concerns about the medical infrastructure in prisons. The judges instructed the State to submit a detailed report covering the number of doctors in jails across Maharashtra, their qualifications, experience, and existing vacancies.
They also sought clarity on whether the State has sufficient funds to provide necessary medicines and medical supplies to prisoners.
"Do you have ambulances, well-equipped ambulances in every jail so that in case of emergencies, the prisoners can be carried safely to the nearest hospitals... Place that too on record," the judges directed.
These orders came during the hearing of a petition filed by Arun Bhelke, whose wife Kanchan Nanaware was also an undertrial prisoner. Both were arrested in 2014 under the Unlawful Activities (Prevention) Act (UAPA) and lodged in Yerwada jail in Pune. Despite her deteriorating health, Kanchan's repeated applications for medical bail were rejected by the Sessions Court. She was eventually referred to a medical board by the High Court, which recommended a heart and lung transplant. However, before any further action could be taken, she passed away in January 2021 after nearly seven years in custody.
Following her death, Arun Bhelke approached the High Court again, urging the implementation of the 2022 Advisory and the Maharashtra Prisons (Review of Sentences) Rules, 1972. His petition aimed to ensure that no other prisoner goes through the same suffering due to a lack of proper medical attention.
The bench is currently hearing final arguments in this petition. Senior Advocate Gayatri Singh, assisted by Advocates Susan Abraham and Sudha Bharadwaj, is representing Bhelke. The matter has also been linked with another plea focusing on the mental health of prisoners, which is being argued by Advocate Vijay Hiremath.
The final hearing in this matter is scheduled to continue on Monday, April 28.
