Recent Arrest of Mr Yaddyurappa

Recent arrest of the Ex CM Karnataka Mr. Yaddyurappa in a land case by Lokayutha court raised main issues specially the VVIP bail being denied and sent to prison and there after hosting them in the Hospital and numbers of people are being visited including the current chief minister, number of minister, MLA and also police commissioner are visited him at the Hospital in bangalore.   Its fine that the people are being treated for the decease which they have are develop while they are in the custody and i advocate that it should be available every one who are in need while they are in prison. This reminds me of some of the provisions of our constitution "Article 21. Protection of Life and Personal Liberty; “No person shall be deprived of his life or personal liberty except according to procedure established by law”. The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners‟ rights to maintain human dignity. Although it is clearly mentioned that deprivation of Article 21 is justifiable according to procedure established by law, this procedure cannot be arbitrary, unfair or unreasonable. In a celebrity case (Maneka Gandhi Vs. Union of India., 1978), the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable. Article 21 imposed a restriction upon the state where it prescribed a procedure for depriving a person of his life or personal liberty. This was further upheld (Francis Coralie Mullin v. The Administrator, 1981) “Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. Any violation of this right attracts the provisions of Article 14 of the Constitution, which enshrines right to equality and equal protection of law. The question is not Mr.Yaddyurappa being treated in Jayadeva Hospital, yes its a question for many people who are in need of medical treatment very badly but continued to treat in the prison, there are people died in the prison for not treating them properly or no treatment. but i am raising another angle in to it, which is, according to prison manual the the prison has divided in to two category one is under-trial prison and the other is convect prison. According to the law the Under-trial prison are entitle to meet their family member's and the friends once a week (but this doest not affect the right to the accused to meet his/her advocate at any time he/she need to meet) and the convect prison prisoner is entitle to meet his/her family, friends once in 15 days. The law also put another restriction that this meeting should happen in the presence of the superintendent of prison or in the presence of person authorized by him. However all of us have seen how many people have been gone to meet him. also what is disturbing is how could a chief minister go and meet him. transferring from one hospital to another hospital also shows how much influence he has and this clearly violation of the Article 14 of the constitution. --