The Kerala High Court recently emphasized the crucial role of lawyers as officers of the court in criminal cases and highlighted the importance of their access to clients who are incarcerated. Justice P.V. Kunhikrishnan expressed shock at a lawyer's need to approach the court to obtain his client's signature, who was a convicted prisoner at the Central Prison. The judge firmly stated that any unwarranted obstacles faced by lawyers in meeting their clients in jail would be viewed seriously by the court in the future.
Justice Kunhikrishnan recognized lawyers as not only assisting their clients but also aiding the court in arriving at the right conclusion. He emphasized that lawyers are officers of the court and deserve respect and cooperation from prison officials when they visit their clients in jail to perform their professional duties. The court directed the Director General of Prisons and Correctional Services to issue a circular to all prisons in the state, emphasizing the importance of respecting lawyers' professional duties and ensuring their smooth access to clients without unnecessary delays.
The court's directive followed a petition filed by a lawyer who alleged being denied permission by the superintendent of the Central Prison to obtain his client's signature on various legal documents. The superintendent later filed an affidavit expressing regret for the inconvenience caused, and the petitioner confirmed that his grievance had been redressed. Consequently, the court closed the petition.
Before concluding the matter, Justice Kunhikrishnan highlighted prisoners' constitutional right to legal assistance. He referred to established legal principles that guarantee lawyers the right to meet their clients in pursuit of their professional duties, provided the clients wish to meet them. The judge also cited various legal provisions, including sections of the Kerala Prisons and Correctional Services (Management) Act, rules, and regulations, that protect the rights of prisoners and support lawyers' access to them.
In light of these considerations, Justice Kunhikrishnan emphasized that all prison authorities must provide necessary assistance to prisoners in meeting their lawyers. He stressed that when a lawyer approaches a prison to meet a client, and the client also wishes to meet the lawyer for professional purposes, prison authorities should respect their rights and facilitate the meeting without unnecessary delays.
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