Bombay HC releases civil prisoner who was kept with petty criminals in Byculla prison
Rana, was sentenced to three-month civil imprisonment, by an earlier order. He alleged that he was being kept in unhygienic conditions, not allowed to speak to his children, on the phone, daily.
Authorities from the Byculla Central Prison released a civil prisoner, Krishna Rana, as they failed to provide him facilities as prescribed in the Prison Act for, civil prisoners. Rana, spent 39-days in prison, where he was kept with petty criminals. Justice Gautam Patel, while directing the order said: "If the State government is unable to provide a civil prison, then effectively it means that this court cannot possibly exercise any powers under Order 21 Rule 41(3) simply because there is no civil jail in which a Judgment Debtor can be detained".
Rana, was sentenced to three-month civil imprisonment, by an earlier order. He alleged that he was being kept in unhygienic conditions, not allowed to speak to his children, on the phone, daily. He could meet his family from behind bars, which all meant curtailment of his rights.
The jail superintendent, did not oppose the allegations made by Rana and agreed that he was kept in confinement with petty offenders. To which the court said, "This is a matter of deprivation of liberty at some level and these matters are always to be taken seriously. I see no reason why any person should have to undergo a confinement not contemplated by law simply because the State government is unable to make the necessary arrangements as mandated by that law."
The court in its order also advised the government to either provide civil prisons or consider providing some other more modern method of restricts movement or home confinement as is done in jurisdictions overseas, employing appropriate technology.