The Mumbai Court in the case CBI v. AKS observed that the Strip searching undertrial prisoners is a violation of fundamental right to privacy as stated under the Constitution of India.
The bench headed by special judge BD Shelke under the Maharashtra Control of Organized Crimes Act, MCOCA 1999 in the case observed and has directed the Central Prison authorities to use scanners and instead of using the electronic gadgets to conduct personal searches.
The court in the case observed and has stated that taking search by making the UTP nude being the violation of his fundamental right of privacy under the Constitution of India and the same is also humiliating. Therefore, it being not only this but also using the unparliamentary language or filthy language against accused also humiliating to the UTP.
In the present case, the court was dealing with a complaint filed by AKS, the name redacted, who being an accused in the 1993 Mumbai blasts case wherein seeking directions against jail authorities in order to conduct personal search using scanners.
Adding to it, the court stated that if the scanner or the electronic gadgets are not being available and personal search of UTP is required to be conducted physically, thus, not to misbehave with UTP, not to humiliate UTP, not to make nude to the UTP and also not to use any kind of filthy language or unparliamentary language against the UTPs.
Further, the counsel, Advocate Farhana Shah appearing before the court submitted that when AKS is taken back to jail after he appeared before the court, thus, the search guard at the entrance gate strip him nude while carrying out body check-up, before other prisoners and staff members. Thus, when the same was opposed by him, the guard misbehaved, humiliated, and
threatened him.
Therefore, the Superintendent of Mumbai Central Prison denied the said allegations made by him and it has also been contended that he filed a false application with an intention to pressurise jail authorities.
It has also been noted by the court that other have also made such complaints against the searching guard.
The court while considering the facts and circumstances of the case directed the guard to carry out personal searches with electronic without causing any humiliation to the applicant.
Further, the same court in the month of February in the case issued warning to the search guard and superintendent of the jail after Danish Ali, who being the accused turned prosecution witness in another case as he made the similar allegations.
