In a landmark decision, the court affirms that pre-convict and undertrial prisoners can execute General Power of Attorney from jail, safeguarding their fundamental rights.
In a significant judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has reaffirmed the fundamental rights of pre-convict and undertrial prisoners to execute property transactions from within the confines of jail. The judgment was delivered in the case of Anand Singh v. Union of India, allowing prisoners to execute a General Power of Attorney, provided procedural safeguards are adhered to.
The case arose when Anand Singh, an undertrial prisoner lodged in Central Jail, Jaipur, sought permission to execute a General Power of Attorney in favor of his brother, Dilip Singh. The petitioner, facing trial under the NDPS Act, argued the necessity of selling a portion of jointly owned property due to his family's financial distress. The Special Judge, NDPS Cases, had previously rejected the application on grounds of potential suspicion that the property might have been acquired through proceeds of crime.
Justice Dhand emphasized that mere incarceration does not result in "civil death," and prisoners retain the right to hold, own, and dispose of property under Articles 21 and 300A of the Constitution. The court referenced several judicial precedents, including the Supreme Court rulings in State of Maharashtra v. Prabhakar Pandurang Nagarkar and Sunil Batra v. Delhi Administration, which uphold prisoners' civil rights, including the capacity to contract and transfer property.
The court outlined that under Section 38 of the Registration Act, 1908, prisoners can execute documents within prison premises, with registering officers deputed to facilitate this process. It also cited the Rajasthan Prison Rules, 2022, which provide mechanisms for executing legal documents in jail.
Addressing the concerns of potential misuse of proceeds of crime, the court noted that no evidence was presented to substantiate such claims. The judgment stressed that constitutional rights cannot be overridden by mere suspicion.
Ultimately, the court set aside the lower court's decision, directing the Superintendent of Central Jail, Jaipur, to facilitate the attestation and registration of the General Power of Attorney. The court also mandated that any sale deed executed under this power must be preceded by an application to the trial court for permission, ensuring adherence to legal protocols.
This judgment serves as a vital affirmation of the rights of prisoners to manage their legal and financial affairs, even while incarcerated, ensuring that their constitutional and civil rights remain intact.
Bottom line:-
Pre-convict/undertrial prisoners retain the fundamental right to alienate property and execute a General Power of Attorney from jail, subject to procedural safeguards and absence of court attachment.
Statutory provision(s):
- Articles 21 and 300A of the Constitution of India
- Section 38 of the Registration Act, 1908
- Rajasthan Prison Rules, 2022 (Rules 202 and 526)
- NDPS Act
- Transfer of Property Act, 1882
- Powers of Attorney Act, 1882
Anand Singh v. Union of India, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2947089
