Karnataka High Court Takes Historic Step to Frame Guidelines for Undertrial Prisoner Comforts
The Karnataka High Court has made a significant declaration that it will establish comprehensive guidelines for providing home-cooked food and bedding to under-trial prisoners incarcerated across the state's jails. This landmark decision emerged during a hearing on Friday, where the court addressed the state government's appeal against a trial court order that mandated weekly home-cooked meals for accused individuals in the high-profile Renukaswamy murder case.
Court's Firm Stance on Prisoner Rights
Justice M Nagaprasanna of the Karnataka High Court emphatically stated, "We would lay down the law as to how home-cooked food and bed are to be given to a person (undertrial prisoner) under special circumstances. The time has now come that we have to lay down guidelines, and we will do it." This pronouncement underscores the judiciary's commitment to clarifying and standardizing the treatment of prisoners awaiting trial, particularly regarding their access to personal comforts from outside sources.
Legal Background and Current Proceedings
The court's deliberation is rooted in Section 30 of the Karnataka Prisons Act, 1963, which permits certain prisoners to maintain themselves through private resources. This provision allows civil prisoners or unconvicted criminal prisoners to receive food, clothing, bedding, and other necessities from private sources, subject to regulations approved by the Inspector-General. However, the absence of uniform guidelines has led to inconsistent implementation across cases.
In a related development, the High Court stayed the trial court's order on Tuesday concerning Pavitra Gowda, Nagaraju R, and Lakshman M, who are co-accused in the Renukaswamy murder case alongside actor Darshan. This stay temporarily halts the directive for weekly home-cooked food provision to these individuals, pending the formulation of broader guidelines.
Arguments Presented by Defense Counsel
Advocate Sunil Kumar, representing the accused in the Renukaswamy murder case, presented compelling arguments during the hearing. He detailed previous similar orders issued for providing home-cooked food to prisoners and asserted that these orders had remained unchallenged by the Karnataka Government. Kumar contended that it was only in this specific case that the state government chose to contest such provisions, highlighting a potential inconsistency in legal enforcement.
Court's Directives and Future Steps
In response to these submissions, the court has directed the state government to thoroughly review the material supplied by Advocate Kumar. Additionally, the government is required to submit the Prison Manual and other relevant documents on record. These documents will be instrumental in assisting the court to frame comprehensive and equitable guidelines that balance prisoner rights with administrative feasibility.
The matter has been scheduled for further hearing on February 2, where additional arguments and evidence will be considered. This timeline indicates the court's urgency in addressing this issue, which has garnered significant attention due to its implications for prisoner welfare and legal precedent.
Context of Actor Darshan's Involvement
It is noteworthy that actor Darshan, also implicated in the Renukaswamy murder case, had previously filed a petition seeking home-cooked food and bedding, along with a request for guideline formulation. However, he withdrew this plea without any orders being passed, adding another layer to the complex legal narrative surrounding this case.
The Karnataka High Court's initiative to frame guidelines marks a pivotal moment in the intersection of criminal justice and human rights. By establishing clear protocols, the court aims to ensure that under-trial prisoners receive fair treatment while maintaining the integrity of the judicial process. This move is expected to set a precedent for other states to follow, potentially reforming prison conditions across India.
