Adjudicating the petition on the overcrowding of jails and deteriorating living conditions of prison inmates, the Orissa High Court has directed the Odisha State Legal Services Authority (OSLSA) to introduce a ‘police station duty lawyer system’ at every police station in the State.
The High Court’s order has come in the wake of reports of many prisoners unable to be released on bail on account of their inability to furnish surety and legal assistance eluding the arrested persons.
“To ensure availability of legal assistance to a suspect or victim of crime it is directed that Odisha State Legal Services Authority should, in consultation with the police in Odisha, put in place a ‘police station duty lawyer system’ at every police station in a district”, a division bench comprising Chief Justice Dr. S. Muralidhar and Judge A.K. Mohapatra ruled recently while pronouncing a comprehensive 42-page judgment on the matters pertaining to the overcrowding in Odisha jails.
“In order to make this system effective, a direction is issued to the police as well as the OSLSA to launch a pilot project of the duty lawyer system in four police stations in Odisha preferably one in each of the four geographical regions beginning February 1, 2022”, the division bench directed.
Such duty lawyers whose names and mobile numbers will be displayed on a board in a prominent place at the police station should be prepared to offer 24×7 services.
A roster of the lawyers who will attend to calls 24 hours in the day will be prepared and displayed prominently in every police station. In order to make this system effective, a direction is issued to the police as well as the OSLSA to launch a pilot project of the duty lawyer system in four police stations in Odisha preferably one in each of the four geographical regions beginning 1 February 2022, the HC ordered.
The National Legal Services Authority (NALSA) guidelines in this regard must have to be adhered to, the division bench stated seeking submission of compliance affidavit of compliance by 22 March 2022, on the next date of hearing of the case.
The High Court also ordered the installation of complaints/suggestion boxes in every jail strictly in conformity with the Nelson Mandela Rules that require a transparent and independent complaint mechanism to check prison excesses and abuses. Accordingly, a direction is issued that not later than 2 February 2022 in every jail in Odisha there should be a complaint box
The DG (Prisons) agreed that the system of installing complaints/suggestion boxes in every jail, to be opened only by the Member Secretary, District Legal Service Authority can be adopted, the judgment noted.
The HC judgment also pointed out that as many as 48 out of the 87 prisons are overcrowded in Odisha. As many as 14 had an occupancy up to 120%; 18 had between 121 and 150%, 10 had between 150 and 200%, 4 had between 200 and 299% and 2 prisons had more than 300%.
As against the All-India average of 69%, the percentage of Under Trial Prisoners in Odisha Jails is 78%. About 95% of the prisoners were semi-literate or illiterate, according to the contents of the judgment.