Strip-Searching An Undertrial Prisoner Violates Their Fundamental Right To Privacy And Is Humiliating - Mumbai Court

A Mumbai court recently ruled that strip-searching an undertrial prisoner violates their fundamental right to privacy and is humiliating. The ruling was made by a special judge under the Maharashtra Control of Organised Crimes Act (MCOCA) after an application was made by Ahmed Kamal Shaikh, who is currently on trial in the 1993 Bombay blast case.

Through his advocate Farhana Shah, Shaikh raised the issue that every time he was taken back to jail after being produced in court, he was subjected to a strip search at the entrance gate of the prison, which he found humiliating and a violation of his rights. He further claimed that when he expressed his opposition to this practice, prison officials used foul language against him, misbehaved with him, and threatened him. This is happening during the third phase of his trial in the 1993 Bombay blast case. He moved to the court.

The Superintendent of Mumbai Central Prison responded by denying that any such treatment was occurring and claimed that the application was made only to pressure the jail authorities.

Despite this, the special judge found that there was some substance to the allegations made by the accused. The judge ordered that, in the future, scanners and electronic gadgets must be used whenever personal searches are conducted. If such gadgets are not available, the officials must not misbehave, use abusive language or strip the accused nude during the search. The Court also noted that other under-trial prisoners had approached the court with similar grievances.

This is not the first time that this issue has come up in court. In February of this year, the same judge issued similar directions to the authorities at Arthur Road jail after another accused had complained about strip searches. A day after the order was made in Shaikh's case, another accused, Rahul Pradeep Salvi, made a similar complaint in person against the officials of Taloja Central Prison. On April 11, 2023, Judge Shelke passed the same directions in Salvi's application.