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1979 (12) TMI 147 - SC - Indian LawsWhether inside prison or outside, a person shall not be deprived of his guaranteed freedom save by methods 'right, just and fair'? Held that:- Appeal allowed. Allow the petition and direct a writ to issue, including the six mandates and further order that a copy of it be sent for suitable action to the Ministry of Home Affairs and to all the State Governments since Prison Justice has pervasive relevance The prisoner who is the victim has been repeatedly questioned under different surroundings and divergent statements are recorded. We do not wish to state what we consider to be the obvious inference, but we are taken aback when the Assistant Public Prosecutor has given an opinion which, if we make presumption in his favour, shows in differences and, if we make contrary inferences, makes us suspect. When offences are alleged to have taken place within the prison, there should be no tinge or trace of departmental collusion or league between the police and the prison staff. We make these minimal observations so that the State may be alerted for appropriate action. Surely, The conduct of the prosecution cannot be entrusted to one who has condemned it in advance.
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