In the case ‘CBI vs AKS’ a special court in Mumbai noted that strip searching of undertrial prisoners (UTP) is infringement of their fundamental right to privacy.
It was directed by the special judge BD Shelke under (MCOCA) Maharashtra Control of Organised Crime Act, that the authorities of Mumbai Central Prison are to use scanners and electronic gadgets to conduct personal searches rather than stripping the under trial prisoners.
The order was passed on 10th of April 2023 regarding the complaint raised by Ahmed Kamal Shaikh, who is an accused of the 1993 blasts case. AKS averred that prison authorities conduct personal search on him by stripping him naked in front of other staff members and prisoners.
AKS was represented by Advocate Farhana Shah, who submitted that when opposed of such behavior, the guard misbehaved, humiliated and threatened the applicant. It was also stated in the plea that guards subject AKS to filthy and unparliamentary language if he averse to this act.
The officials of Mumbai Central Prison refuted the allegations, stating no such incident took place and this plea is to create pressure on the authorities, they claimed.
The court noted that claims made by AKS are of substance and apart from AKS, other under trial prisoners have also made such accusations against the searching guards.
The court observed that body-check ups by the guards of the prison by making the under trial prisoners nude as well as using unparliamentary and filthy language against the under trial prisoners is humiliating.
The superintendent of the central prison, Mumbai and other staff members were told to use only scanners and gadgets to search under trial prisoners. If scanners and electronic gadgets are not available and it is necessary to conduct personal search of an under trial prisoner, the authorities are obligated to not strip the under trial prisoners as well as no filthy and unparliamentary language is to be used.
The superintendent of the jail and the search guards were issued a warning by the same court in the month of February after an accused namely Danish Ali made similar allegations.
Name- pranjal jha, College- Amity Law School, Noida, Semester- 2nd
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