Kerala High Court directs State government to ensure privacy for lawyer-client meetings in jails

The Kerala High Court recently directed the State government to ensure that there is enough space provided in jails to ensure privacy when an accused meets his/her lawyer [Prasoon Sunny v State of Kerala]..A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly passed this direction while recording the submission of the State government that there are some space constraints in certain sub-jails."It is viewed that there should be sufficient space for the advocates and clients, to interact, and privacy should also be taken note of by respondents. In the above circumstances, we direct the respondents to explore the possibility of providing sufficient space, if required, to adopt the rough sketch submitted by the District Legal Services Authority and issue appropriate directions," the judgment stated..The Court was considering a petition moved by a lawyer who sought directions to authorities to establish adequate and necessary facilities for holding meetings between prisoners and their legal counsel in a private and secure environment in jails.The petitioner submitted that Section 40 of the Prison Act of 1894, Section 47 of The Kerala Prisons and Correctional Services (Management) Act, 2010, and Rule 827 (2) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 mandate that privacy should be given to the counsel and his client while taking instructions.Yet there is no privacy when advocates consult their client as the meeting place provided is right next to the jail warden who can listen to their conversations and other persons can also listen as it is a common place for visitors, the petitioner contended.He also submitted that no steps were taken by the Director General of Prison and Correctional Service in spite of receiving the letter sent by the State directing them to take immediate steps to provide necessary facilities as per prison statutes..The Court noted that as per a report submitted by the District Legal Services Authority, facilities are provided for conversation between the lawyer and inmates. One table and two chairs are laid for discussion of inmates of the jail with the lawyers, but it was observed that the room of the Jail Welfare Officer is not beyond the earshot where the table and chairs are laid. The report also provided a rough sketch of changes that can be made within some prisons to rectify the situation..The Court disposed of the plea with directions to the State government and the other concerned authorities to ensure that there is sufficient space and privacy for lawyer-client meetings and discussions in jails..[Read Judgment]