The Maharashtra government has recently issued a resolution aimed at facilitating communication for prisoners statewide, allowing them access to e-mulaqaats and smart card calling services to connect with their legal representatives and loved ones. This decision was brought to the attention of the Bombay High Court during proceedings on Wednesday, prompting the court to dismiss a Public Interest Litigation (PIL) that had been advocating for improved communication channels for inmates.
Initially filed by the People’s Union of Civil Liberties (PUCL) in 2022, the PIL had urged for the immediate implementation of telephone and electronic communication systems in prisons following the cessation of physical visitations due to the nationwide lockdown amid the COVID-19 pandemic. The plea emphasized that all prisoners, regardless of their charges, had been granted access to telecommunication and video conferencing during this period.
The PIL sought to enforce the guidelines outlined in the Model Prison Manual, calling for the reinstatement of communication services after the abrupt discontinuation of such provisions by the government in December 2021 post-lockdown. In response, the state presented an affidavit detailing a resolution passed on March 23, 2024, expressing their commitment to introducing e-mulaqaats and smart card calling services.
Representing PUCL, Advocate Rebecca Gonsalves voiced concerns about the logistical challenges of implementing these services across the 60 prisons housing approximately 37,000 inmates in Maharashtra. However, the court assured that it would instruct the government to enforce the circulars uniformly across all prisons, thereby addressing the issues raised in the PIL.
In its directive, the court commended the government's stance and instructed them to ensure the resolution's execution in all correctional facilities statewide. Additionally, the court ordered the provision of necessary infrastructure to support the implementation of these communication services, ensuring inmates have access to phone calls and e-mulaqaat facilities.
During the proceedings, Gonsalves also highlighted the exclusion of Pakistani citizens among the beneficiaries of these facilities, prompting the court to advise filing a separate petition to address this specific concern.
