THE aim of the Constitution is to accord to all citizens equal rights and freedoms. These freedoms are naturally restricted if one is convicted of an offense, but there cannot be absolute dissolution.
Does forcing a prisoner to live in horrific conditions have any purpose or is it just punishment for the harm caused to the victim? Due to the recent denial of Mumbai gangster Ejaz Lakdawala's application to a Mumbai sessions court seeking permission to use a mosquito net this issue has received a lot of attention.
This poses the question: Was the judiciary right to dismiss his application, and if so, what rationale and purpose did it serve? And is making prisoners live in inhabitable conditions justified? Lakdawala said in his complaint that the jail administration had taken away his mosquito net in May due to security reasons even though he was allowed to use it in 2020 when he was held in judicial custody.
When Lakdawala was brought before a sessions court in Mumbai recently, he displayed a plastic container containing dead mosquitoes and said that the inmates of Taloja jail, where he was lodged, have to deal with this issue daily. However, the jail administration rejected the plea, citing security concerns.
The court's statement that Lakdawala could use Odomos and other insect repellents while denying the application is debatable.
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