Can Jail Superintendent allow a lawyer in prison to fight a case
If a good criminal lawyer is in jail on the charges of corruption/presentation of false evidences, can his jail superintendent allow him to fight a case for other on special grounds? Jailor will insure that lawyer will be brought in court under strict security on the dates of the case. Is it possible anyhow?
Asked in Criminal Law from Pune, Maharashtra
You would have to check with the Sp. of Jails for provisions under The Prison Act, 1894.
No he cannot unless the permission from court is secured by the lawyer. The jailor cannot at his sweet will allow any undertrial to leave the jail, with or without security, unless there is a judicial sanction in this regard. There is no precedent in this regard so far. The fact that the undertrial is a lawyer does not entitle him to any privileges inside the jail. Only a court of law is competent to adjudicate whether such a privilege can be extended to him.