FACTS IN BRIEF :- The Petitioner Sheela Barse was a Bombay-based journalist who had sought permission to interview women prisoners in the Maharashtra jails. When she wanted to take taperecorded interview she was asked to take down the notes only. Later, the petitioner was informed that grant of permission to have interview was a matter of discretion of the Inspector General and such interviews are ordinarily allowed to research scholars only. Petitioner then made grievance over the withdrawal of the permission and pleaded that it is the citizen's rights to know if government is administering the jails in accordance with law. Petitioner's letter was treated as a writ petition under Article 32 of the Constitution.
ARGUMENTS:- According to the Petitioner Articles 19(1)(a) and 21 guaranteed to every citizen reasonable access to information about the institutions that formulate, enact, implement and enforce the laws of the land. It was argued that every citizen had a right to receive such information through public institutions including the media as it was physically impossible for every citizen to be informed about all issues of public importance individually and personally. She contended that as a journalist she had the right to collect and disseminate information to citizens.
The Respondents opposed the petition pleading that interview with prisoners was governed by the rules made in the Maharashtra Prison Manual and the since the petitioner did not satisfy the prescription, it was justified in revoking the permission for having interviews with prisoners. Also it was submitted that normally the prisons authorities did not allow interviews with the prisoners unless the person seeking interview was a research scholar studying for Ph.D. or intending to visit the prison as a part of his field work of curriculum prescribed for post-graduate course etc. Further it was submitted that there were no rules for permitting interviews except to the relatives and legal advisers for facilitating defence of prisoners. The state contended that if unguided and uncontrolled right of visit was provided to citizens, it would be difficult to maintain discipline and the very purpose of keeping the delinquents in prison would be frustrated.
JUDGMENT:- The Court held that Article 19(1)(a) of the Constitution guaranteed to all citizens freedom of speech and expressions was not the point in issue but the enlarged meaning given to the provisions of Article 21 by the Court in a few earlier cases found relevance. The Apex Court stated that ‘life’ in Article 21 had to be given an extended meaning wherein those citizens who were detained in prisons, either as undertrials or as convicts, were also entitled to the benefit of the guarantees subject to reasonable restrictions.
The Court observed that public gaze should be directed to such matters and the pressmen as friends of the society and public spirited citizens should have access not only to information but also interviews. Therefore Court permitted public to prisons. The Court, giving the dividing line, observed that citizens did not have any right either under Article 19(1)(a) or 21 to enter into the jails for collection of information but in order that the guarantee of the fundamental right under Article 21 may be available to the citizens detained in the jails, it becomes necessary to permit citizen's access to information as also interviews with prisoners. Interviews become necessary as otherwise the correct information may not be collected but such access had to be controlled and regulated. Hence petitioner's claim that she was entitled to uncontrolled interview was not accepted. The Court held that there may be cases where such tape-recording was necessary but Court made it clear that tape-recording should be subject to special permission of the appropriate authority and hence the petitioner was directed to make an application to the prescribed authority for the requisite permission which was to be dealt by the authorities in the light of the guidelines laid down in the case.
FOR COMMON MAN:- The Apex Court permitted p ublic access to the jails for the purposes of interviewing declared that the same was not to be an unrestricted and uncontrolled right. The Court directed that this right was to be guided by several factors including the abidance by the reasonable prison rules and jail manuals. The case also provided with the guidelines which the authorities have to keep in mind while considering an application made by the press people for the purposes of taking any interview of a prisoner. It has further to be understood that interviews cannot be forced and willingness of the prisoners to be interviewed would always be insisted upon. The interviews which are taken have further to be cross checked and verified by the authorities before it’s becoming public so as to ensure that only the correct information ultimately reaches the masses.
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