Keywords: Lawyers, Official duty, Jail Superintendent
In the case of Adv. Thushar Nirmal Sarathy v State of Kerala & Ors., the Kerala High Court observed the role of the lawyers as ‘Officers of the Court’ in criminal cases. It highlighted that the lawyers play an important role in assisting the Courts to conclude the case. Thus, they shouldn’t be unnecessarily delayed from meeting their imprisoned clients and the jail authorities should respect them.
The judgment was passed on the petition filed by Advocate Thushar Nirmal Sarathy, who alleged that the Superintendent of the Poojappura Central Prison didn’t allow him to get a vakalath, petition, and an affidavit signed by his client in jail.
The Jail Superintendent accepted that inconvenience was caused to the advocate and expressed their regret for the mistake. He further said that it was not intentional. Subsequently, the advocate’s grievances were redressed.
Justice Kunhikrishnan expressed his shock at the allegations in the petition. He warned that the police or its authorities shall not put any restrictions on the lawyers, in the course of performing their official duties. The concerned authorities must facilitate the visit of the lawyers to meet their imprisoned clients.
Further in its judgment, the Court said that it would take a serious view of any action in case the lawyers face any unwarranted obstacles while performing their official duty. The Court also directed the Director General of Prisons and Correctional Services, Poojappura to issue a circular in this regard and forward it to all the prisons in the state.
Name: Archita Garg, College Name: School of Law, Christ University, Bangalore, Semester: I An intern under Legal Vidhiya
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