Special Judge BD Shelke under the Maharashtra Control of Organized Crimes Act ordered Mumbai Central Prison officials to conduct personal searches using scanners and electronic devices instead.
“Certainly, taking search by making the Under Trial Prisoner (UTP) 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 UTP”, the bench stated.
The special bench was hearing a complaint filed by AKS (name redacted), an accused in the 1993 Mumbai blasts case, seeking directions against jail authorities for using scanners to conduct personal searches.
“If scanner / electronic gadgets are not available and personal search of UTP is required to be conducted physically, not to misbehave with UTP, not to humiliate UTP, not to make nude to the UTP, not to use filthy language or unparliamentary language against the UTPs…”, Judge Shelke further added.
According to Advocate Farhana Shah, when AKS is taken back to jail after appearing in court, the search guard at the entrance gate strips him naked in front of other prisoners and staff members while performing a body check-up. When he objected, the guard misbehaved, humiliated, and threatened him.
The Superintendent of Mumbai Central Prison denied the allegations, claiming that a false application was filed in order to put pressure on jail officials.
The court noted that other undertrial inmates had filed similar complaints against the searching guard.
As a result, the special judge ordered the guard to conduct personal searches using electronic devices without humiliating the applicant.
