1. Right to a Legal Representative, Statutory Fee;
In the case of
D.B.M. Patnaik v. State of Andhra Pradesh, AIR 1974 SC 2092, the SC declared that the offenders' basic constitutional rights are not completely violated by mere confinement of the offenders. Therefore, through the same rationale, prisoners must be granted the right to a legal representative and free legal aid according to Article 22, 39A of the Constitution of India.
Further in the case of
R.D. Upadhyay v. State of A.P and Ors., AIR 2001 SC 437, the Court ordered that
"The right to fair treatment and right of judicial remedy
are pre-requisites of administration of prison justice."
The Supreme Court laid down crucial guidelines for
the rights of the prisoners in the case of
Hussain Ara
Khatoon v. Home Secretary , State of Bihar, 1979 AIR SC
1369. The Apex Court directed that the under -trial
prisoners whose name and particulars were filed by Mrs.
Hingorani should be released. It had been because
imprisonment like false imprisonment were considered to
be an illegal and also violative of their Fundamental Rights
enshrined under Article 21 of the Indian Constitution. The
court also mandated that in the time of charging bailable
offences, they need to be produced before the Magistrate
on remand dates. The government ought to name a legal
advisor at their own expenses for making an application for
bail. a quick trial is much required for securing justice. The
court also ordered both the government as well as High
Court to display the particulars regarding the location of
the courts of magistrate and court of sessions in the State
of Bihar along with the cases pending in each court on 31st
December, 1978. They were also asked to state the rationale
of pendency of cases. On next remand dates the under-
trial prisoners should be produced before the court in
order that the state government must ought to designate a
lawyer of its own expense.
2. Right to access Bank A/C, properties;
Under para 654D in the case of Soma Saha Sen Vs
State of West Bengal, 2017, the Calcutta High Court
declared as follows;
"Every prisoner whether convicted or under-trial shall
be allowed to sign a power of attorney or other documents
in connection with the case against him or the
management of his property or family affairs and his
signature shall be attested by the Jailor or Deputy Jailor
unless such officer has reasons to suspect that the
transaction is malafide, illegal or contrary to any order of a
court of Law."
Therefore, through execution of a valid Power of Attorney
as per the Powers-of-Attorney Act, 1882, a prisoner is legally
allowed to appoint a valid indivdual to carry out the
business of his Bank A/C or Properties.
Further, in the case of
R. Rajagopal v. State of T.N., (1994) 6
SCC 632, the Supreme Court declared that;
"If a prisoner has to execute a power of attorney in
favour of another, it has to be done in the presence of the
prison officials as required by the prison rules"
Thereby confirming that a prisoner is legally allowed to
execute a power of attorney.
In a Nutshell, through an executory deed of power-of –
attorney, an inmate can manage his/her bank accounts
and properties.
Additionally, in the case of
Rajni Tandon Vs Dual Ranjan
Ghosh, 2009(3) Apex Court Judgments (SC) 182, the Supreme
Court confirmed that;
"a person holding of power of attorney, which is not
registered document, has an authority to the sell the
property of the owner under the terms of power of attorney
and to execute the necessary documents on behalf of the
owner."
The relationship between the donor and donee in a deed of
power of attorney is that of a Principal and Agent as per
the CHAPTER X of The Indian Contract Act, 1872. This was
affirmed by the Supreme Court in the case of
State of
Rajasthan vs. Basant Nehata, 2005 (12) SCC 77. Further, the
jury of this case also declared;
"the agent derives a right to use his name and all acts,
deeds and things done by him and subject to the
limitations contained in the said deed, the same shall be
read as if done by the donor."
Applying the aforesaid rationale, according to the
provsions of the Section 182, CHAPTER X of the Indian
Contract Act, 1872, the agent is authorised to perform any
action on behalf of the principal for which the principal has
contracted with the Agent. This action includes business of
properties as well as that of bank accounts.
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