Petitioner Caroline Collasso, an advocate, challenged Rule 17(6) of the Goa, Daman and Diu Prisoners (Discipline) Rules, 1968, on the ground that it gives the jail authorities arbitrary powers to prevent prisoners from reading books which are necessary for their well-being.

Collasso, who herself was earlier prevented from giving two books (The Rights of Prisoners in Jail by A B Puranik and A Critique With Suggestions/Amendments of the Narcotic Drugs and Psychotropic Substances Act) to a prisoner, submitted that there are no guidelines governing supply of books to the inmates.

The New Delhi-datelined Indian Express story which prompted the petition, reported how an inmate, Sudhir Sharma (No 797), was not allowed to receivebooks from eminent writers. Sharma, who corresponded with several of them, including Magsaysay award-winning police official Kiran Bedi, received several books from these writers which were returned to the senders by the jail authorities. The prison officials alleged that Sharma had violated prison rules by writing letters clandestinely to outsiders.

In his affidavit, Aguada Central Jail superintendent B S Mashelkar contended that the prisoner ``choose to adopt illegal ways to write only to malign the Jail Administration (sic). He also noted that inmates after reading books on prisoners' rights ``may create an unusual situation in the prison posing security and discipline risk... it is experienced in the past that the prisoners are adamant and violent in their disposition by misinterpreting the rules/material in the said book (sic).''

During the hearing, the court expanded the scope of the petition and asked the petitioner to suggest specific programmes for introduction in the jail and books for inclusionin the jail's library. The court also asked the inspector general of prisons to decide on the suitability of books for inclusion in the prison library.

In their affidavit, the jail authorities said programmes pertaining to healthcare, education, legal aid, religious services, skills training, were already on and that morale lecturers will be nominated within three months. The services of Arts and Music instructors would also be engaged. The authorities also agreed to install television sets in the jail premises.

Disposing of the plea, the court ordered the jail administration to submit a report by February 1999.