LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Power of attorney by inmate

(Querist) 05 March 2020 This query is : Resolved 
Hi!
What is the process of getting a registered power of attorney done by inmates in Uttar Pradesh? Whom should we approach for the permission? Have spoken to the Jail Superintendent but he could not give a clear answer. Should we approach the National Human Rights Commission to direct the Jail Authority and the Registrar to get it done? What is the proper channel? Please guide.
kavksatyanarayana (Expert) 05 March 2020
You have to request the Jail Authorities (Jailer/Superintendent) concerned by written application for getting the registration of POA at Jail only. After getting permission from the jail authorities, you have to request in writing with the original permission letter issued by the jail authorities to the Sub Registrar concerned to attend to the jail to register the POA.
Raj Kumar Makkad (Expert) 05 March 2020
This thread has already been discussed on this site. Go through the following link and refer the reply of expert Piravi Perumal especially para 20 which is relevant in your case:

https://www.lawyersclubindia.com/experts/Documents-execution-in-Jail-30656.asp
Manoj Kumar (Querist) 06 March 2020
Thank you so much for the reply. I have already approached the Jail authorities for the same but did not get any satisfactory solution. What law empowers the Jail authority to allow the inmates to execute POA though I understand that the inmates cannot be deprived of these fundamental rights. Where can I move my application if the Jail authorities deny to help us?
Raj Kumar Makkad (Expert) 06 March 2020
Are you jail inmate as on the day?
Raj Kumar Makkad (Expert) 06 March 2020
In a number of judgements on various aspects of prisonadministration, the Supreme Court of India has laid down three broad principles
(i) a person in prison does not become a non-person.
(ii) A person in prison is entitled to all human rights within the
limitations of imprisonment.
(iii) There is no justification in aggravating the suffering already inherent in the process of incarceration.

Obviously, these principles have serious implications for prison administration. They not only call for a thorough restructuring of the prison system in terms of the humanization of prison conditions, minimum standards for institutional care, reorientation of prison staff, reorganization of prison programmes and rationalization of prisons rules and regulations. From this viewpoint, among the various directives issued by the Supreme Court of India, in Sunil Batra v. Delhi Administration (1979), the following deserve a special mention:

“It is imperative, as implicit in article 21, that life or liberty shall not be kept in suspended animation or congealed into animal existence without the freshening flow of fair procedure. Fair procedure in dealing with the prisoners calls for another dimension of access of law-provision, within the easy reach of the law which limits liberty to persons who are prevented from moving out of prison gates”.
Raj Kumar Makkad (Expert) 06 March 2020
If jail authorities are not paying their heed towards the application of the inmate, he is required to move his application to that regard to District Magistrate, who shall definitely take care of the application.
Manoj Kumar (Querist) 06 March 2020
Thank you so much for the guidance Sir. Will follow your advice and shall get back to you in case I need your help.
Regards.
Raj Kumar Makkad (Expert) 06 March 2020
You are always welcome Mr. Manoj Kumar,
KISHAN DUTT KALASKAR (Expert) 06 March 2020
Dear Sir,
If the accused is in judicial custody of any Court then better to approach such Court and get permission of the Court and a direction to the concerned Jail Superintendent on the said issue.
T. Kalaiselvan, Advocate (Expert) 21 March 2020
It appears that your personal approaches to the prison authorities failed to yield a fruitful result.
In the given situation you file a petition accompanied with an affidavit before the jurisdictional magistrate court seeking the relief, giving the reasons and explaining the circumstances under which yo are compelled to obtain a POA deed from the jail inmate.
You can present a convincing argument before court along with documentary evidences to support your pleadings and arguments and seek direction of the court to the jail superintendent to get the POA deed signed by the inmate, attested by the jail superintendent and registered in the prison complex by a sub-registrar.
It is the discretion of court to allow such petitions, in fact if the reasons are genuine and the court is convinced about it, generally the court permits such issues without any conditions too.
There is no law forbidding the prison inmate to not to execute a POA deed from inside the prison.
The experts above have given clear explanation about the circumstances that permit such issues legally hence you may follow the suggestions made in this regard.
Manoj Kumar (Querist) 22 March 2020
Thank you so much sir.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now