Strip searching undertrial prisoners is violation of fundamental right to privacy, humiliating: Mumbai Court

A Mumbai court recently held that strip searching an undertrial prisoner amounts to violation of his fundamental right to privacy and is humiliating..The ruling came by a special judge under the Maharashtra Control of Organised Crimes Act (MCOCA).“Taking search by making the undertrial prisoner nude is violation of his fundamental right of privacy, it is also humiliating. Not only this but using unparliamentary language or filthy language against accused also humiliating to the prisoner. Hence, necessary directions are required to be issued to the Superintendent and concerned searching guards,” special judge BD Shelke observed in his April 10 order..The judge was approached with an application by one Ahmed Kamal Shaikh, an accused in the the 1993 Bombay blast case. He is third phase of the trial being conducted in the 1993 Bombay blast case. In the application through advocate Farhana Shah, the accused raised the grievance that whenever he is taken back to jail after being produced in court, he is stripped searched at the entrance gate of the prison which is humiliating and a violation of his rights. Shaikh claimed that he had expressed opposed to this, but the prison officials started using unparliamentary and filthy language against him, misbehaving with him, humiliating and threatening him. Aggrieved, he approached the court.The Superintendent of Mumbai Central Prison, informed the Court that no such humiliating treatment had been meted out to the accused. The superintendent contended that the present “false” application was made only with an intention to pressurise the jail authorities..The special judge, however, found some substance in the allegations raised by the accused. The judge directed the Superintendent and the searching guards of prisons to ensure that whenever personal searches are conducted, scanners and electronic gadgets are used. The judge also clarified that if such gadgets are not available, and searches are required to be conducted physically, the officials need not misbehave, humiliate, use unparliamentary language or strip the accused nude..The Court also commented that apart from the present applicant, there were other under trial prisoners who had approached the court with similar grievances. In February this year, the same judge had issued directions to Superintendent and search guards of the Arthur Road jail after an accused turned prosecution witness in an extortion case, had complained about the strip searches.A day after Shaikh’s order, another MCOCA accused, Rahul Pradeep Salvi, approached the court with a similar complaint. He appeared in person and made allegations against prison officials of Taloja Central Prison. Judge Shelke passed the same directions in his application on April 11, 2023..[Read orders]