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The Bombay High Court on Tuesday questioned the rationale behind undertrials facing murder charges made to wear the jail uniform,while exempting others facing trial,including rape accused from the rule.
The court,hearing a petition filed by a murder-accused,noted that even undertrials in terror cases are not required to wear the prison uniform. The court said,Does (Ajmal) Kasab wear uniform? The Judges asked the state,What is the rationale? A Division Bench of Justice D B Bhosale and Justice R V More,while admitting the petition filed by undertrial Dhanesh Shivdasan,directed the government to reply whether it would amend the rule.
Under prison rules,undertrials other than those facing murder charges,do not have to wear jail uniform,though all convicts have to.
The petitioner alleged the rule was discriminatory. The Bench observed that prima facie there was substance in the petitioners grievance.
The state government,in an affidavit,said murder-accused are made to wear uniform as it enables authorities to keep a close watch on them. However,the state also submitted on Tuesday that it was considering whether the rule should be amended.
The court adjourned the matter for three months. At the next hearing,the state will have to tell the court whether it would amend the rules.
Incidentally,Kasab wears kurta-pajamas in court and a track pant and tee shirt in jail,given by jail authorities.
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