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Gujarat High Court · body

1993 DIGILAW 451 (GUJ)

JAVEDKHAN AZIZKHAN v. SUPERINTENDENT, CENTRAL prison, AHMEDABAD

1993-09-22

S.M.SONI, V.H.BHAIRAVIA

body1993
V. H. BHAIRAVIA, J. ( 1 ) THE right of life and liberty enshrined under Art. 21 of the constitution of India, no doubt is extended even to the convicted prisoners undergoing sentence. Article 21 of Constitution of India reads as under :"21. Protection of life and personal Liberty : no person shall be deprived of his life or personal liberty except according to procedure established by law. " ( 2 ) ). Thus, the right of protection of life and personal liberty is a fundamental right of every citizen. Article 21 of Constitution itself provides that the person can be deprived of said rights in accordance with the procedure established by law. ( 3 ) ). The right of getting home-made food, bedding, etc. , is provided under sec. 31 of the Prisons Act, 1894 which reads as under :"31. A Civil prisoners or an unconvicted criminal prisoners shall be permitted to maintain himself and to purchase, or to receive from private sources at proper hours, food, clothing, bedding or other necessaries but subject to examination and to such rules as may be approved by the Inspector general. " ( 4 ) ). This right to get home-made food of under trial prisoners and civil prisoners is not a fundamental and an absolute right, but it is statutory right given to the prisoners with certain restrictions. The said right is subject to examination and to such rules as may be approved by the Inspector General and are also subject to reasonable restrictions. ( 5 ) THE Jail authority is at liberty to impose reasonable restrictions including withdrawing certain facilities, i. e. , facility of home-made food and interview and the petitioners have no right to challenge the same under Art. 226 of the Constitution of India. .