Jaipur: In an important ruling, the Rajasthan High Court has held that a person does not lose the right to deal with or sell his property simply because he is in jail. The Court observed that imprisonment does not amount to a “civil death” and that an undertrial continues to enjoy all civil rights that are not inconsistent with incarceration.
Justice Anoop Kumar Dhand passed the order while allowing a petition filed by Anand Singh, who is lodged in Jaipur Central Jail in an NDPS case. Singh had sought permission to execute a General Power of Attorney (GPA) in favour of his brother, Dilip Singh, so that his share in a jointly owned property could be sold to meet the financial needs of his family.
His request was turned down by the Special NDPS Court, which observed that there was a possibility the property had been purchased using proceeds of crime. Challenging that order, Singh argued before the High Court that neither the investigation nor the trial had produced any evidence to support such a claim.
The High Court agreed. It said there was nothing on record to show that the property had been purchased from proceeds of crime and that a person’s rights cannot be taken away on the basis of mere assumptions. Unless there is evidence before the trial court, such a conclusion cannot be drawn simply on suspicion.
The Court noted that the petitioner was a co-owner of the property and, being in judicial custody, was unable to execute the required documents himself. It also took note of the family’s financial difficulties and observed that denying him permission would prevent him from selling the property to meet those needs.
Making it clear, the Court held that an accused has the right to manage or sell his property whenever the need arises. Merely being in jail cannot be a reason to deny that right. The Court further observed that refusing such permission would violate the prisoner’s fundamental rights under Article 21 of the Constitution.
The Court also pointed out that the law already provides a mechanism for prisoners to execute and register documents from inside jail. Under the Registration Act, 1908, a Sub-Registrar can visit the prison for registration, while the Rajasthan Prison Rules, 2022 specifically permit undertrial prisoners to execute a power of attorney.
Allowing the petition, the High Court set aside the trial court’s order and directed the Superintendent of Central Jail, Jaipur, to attest the General Power of Attorney and have it registered without delay. It also clarified that before the property is sold, the petitioner must obtain permission from the trial court in accordance with law