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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Bombay High Court Quashes FIR Against Ex-Chief Minister and MLA in Prison Assault Case Due to Bar Under Prisons Act, 1894. Alleged Offences Committed Inside Notified Temporary Prison Must Be Dealt With Under Special Statute, Not General Criminal Law.

The Bombay High Court allowed two applications under Section 482 of the Code of Criminal Procedure, 1973 filed by accused No. 1 (an ex-Chief Minister)...

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Bombay High Court Allows Prisoners' Furlough Petitions — Imposition of Condition to Stay Outside District Held Invalid Under Prisons (Bombay Furlough and Parole) Rules, 1959. Competent Authority Cannot Impose Condition Not Contemplated by Rules; Orders Rejecting Furlough Set Aside.

The judgment concerns two criminal writ petitions filed by prisoners challenging orders rejecting their applications for furlough. The petitioners, Ra...

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Bombay High Court Upholds Challenge to Conditions on Advocate-Prisoner Meetings, Directs Modernization of Jails. Prisoner's right to visits by family and friends under Article 21 of Constitution of India recognized, subject to reasonable restrictions, in line with Sunil Batra precedent.

The Public Interest Litigation was filed by a registered society and an under-trial prisoner challenging the communication dated 24th August 2015 issu...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Remission for Prisoner Who Escaped from Open Prison. Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 held not violative of Article 14 as it applies uniformly to all prisoners who escape or attempt to escape.

The petitioner, Shalik Maruti Kowe, was convicted for murder under Section 302 of the Indian Penal Code on 23 June 1997 and sentenced to life imprison...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Bombay High Court Allows Furlough for Prisoners Despite Past Overstay on Parole — Overstay Not a Permanent Bar Under Prisons (Bombay Furlough) Rules, 1959. The Court held that furlough is a right of a prisoner and past overstay on parole cannot be a permanent bar for grant of furlough.

The judgment concerns three criminal writ petitions filed by prisoners whose applications for furlough leave were rejected by the prison authorities o...