The Allahabad High Court has appointed two advocates as amicus curiae, considering the daily wages fixed by the government for the prisoners lodged in jails to be low and has sought suggestions from them in the matter of fixing the daily wages of the prisoners.
The Division Bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh passed this order while hearing a PIL filed by Bachchey Lal.
The public interest litigation was instituted on a letter petition. It has remained pending for very long.
Upon intervention made by the Court, the State Government has published Notification dated 08.8.2023 seeking to revise the wages of the convicts confined in jail across the State, in the below given manner: The monthly wages of skilled convicts has been revised from Rs 40/-to Rs 81/-. The monthly wages of semi-skilled convicts has been revised from Rs 30/- to Rs 60/- and that of unskilled convicts has been revised from Rs 25/- to Rs 50/-.
The order sheet reveals that the revision made was wholly inadequate and perhaps illusionary, the Court observed.
The Court noted that,
On the request of the Advocate General opportunities were repeatedly granted to the State to reconsider the issue and make a realistic revision of wages.
Last affidavit of compliance dated 21.9.2023 has been filed by Satya Narain Sabat, the Director General of Police/Inspector General (Jail Administration & Reforms Services).
At present, without seeking to rule on the justification offered, prima facie, the same does not inspire confidence. The justification being shown may remain open to be challenged.
As to the challenge that may emerge, the Court found that earlier Patanjali Misra had been appointed Amicus Curiae in the letter petition proceeding. We are informed, he has since been appointed Additional Government Advocate. Therefore, he may not be able to assist the Court any further owing to his primary responsibilities to the State which appears to be not inclined to revise the wages any further, for reasons not clear.
Upon query made, the Advocate General as also the officers state, whatever was required to be done, has been done at the end of the State Government. Thus, the paltry revision made to the wages has been described as adequate and sufficient.
At the same time, Navnath Pandey and Varunesh Shukl counsel have appeared in these proceedings. They have referred to similar proceedings in Criminal Writ Public Interest Litigation (Reevan Singh Vs State of U.P and Others). They have filed an Amendment Application in these proceedings.
Insofar as the proceedings in the above described case came to be dismissed by order dated 06.4.2023 passed by a coordinate bench of the Court sitting at Lucknow, the court also found that in paragraph-20 of that order the bona fides of the petitioner-Reevan Singh, who the two counsel represent, was disbelieved. In view of the observations contained in that order, we are not inclined to allow the intervention to be made by Navnath Pandey and Varunesh Shukl. Amendment Application is accordingly rejected.
At this stage, the Court appointed Aushim Luthra and Atharva Dixit as Amicus Curiae to assist the Court with specific opportunities granted to them to examine the issue of wage revision and overcrowding in jails.
“The Amicus Curiae are also requested to go through the ordersheet of the proceedings and offer their assistance in that light. Registry to provide a copy of the letter petition as also copies of the affidavits of compliance filed by the State (till date), and a copy of the entire order sheet to the Amicus Curiae, within ten days”, the order reads.
The Court has fixed the next hearing of the petition on October 09, 2023.