Section 13 in The Orissa Communal Offenders (Conditions of Detention) Order, 1995
13. Interviews.
(1)The Superintendent shall fix the days in the week on which a detenu may have interviews with persons, other than a Police Officer.(2)Every detenu shall be permitted an interview once in a fortnight with the members of his family.Explanation - In this clause and Clause 16, the word 'family' shall include wife, husband, father, mother, brother, sister, son, daughter, or any in-laws of such relationship, direct uncle or direct aunt (that is brother or sister of the detenus, father or mother), first cousin (that is son or daughter of direct uncle or direct aunt), grand-parents, grand-children and direct nephew or niece (that is, son or daughter of the detenu's brother or sister).(3)Each detenu shall furnish a list of his family members to the Superintendent, who shall submit the same for scrutiny by the Superintendent of Police and intelligence.(4)There shall not ordinarily be more than three visitors at any one interview, excluding children under 12 years of age and there shall not be more than three detenus at any one interview.(5)Applications for interview from persons other than the Police Officers shall be made to the Superintendent in Form 'A', annexed to this order and the Superintendent may grant the same in case the person seeking the interview is a member of the detenu's family.(6)Notwithstanding anything contained in Sub-clause (5), the Superintendent may, for reasons to be recoded in writing, refuse to allow an interview on any particular day or for such period as he considers fit; and, in that event, he shall report his refusal and the reasons thereof to the Government.(7)Interviews shall take place in the presence of an Officer deputed by the Superintendent and such Officer may terminate an interview at any time if, in his opinion, the conversation is detrimental to the public interest or safety. The conversation shall be limited to private matters and there shall be no reference to Jail Administration and discipline, to other prisoners or to politics. The Superintendent shall permit any Police Officer, not below the rank of Sub-Inspector of Police belonging either to the District or Central Special Branch to overhear conversations between detenus and outsiders on production of a request in writing from a Police Officer not below the rank of Superintendent of Police or Deputy Commissioner of Police.(8)Every person permitted to interview a detenu and the detenu himself may be searched before and after the interview at the discretion of the Superintendent.(9)The Superintendent shall appoint the time, place and duration of each interview and shall not ordinarily allow an interview to continue for more than one hour with a relative or half an hour with a person other than a relative.(10)After the interview is over, the Jail Official present at the interview shall warn both the detenu and the visitor that future interviews are liable to be prohibited if the visitor indulges in any publicity on behalf of the detenu.(11)The Superintendent may allow additional interviews by authorised persons for special reasons if he is satisfied that the circumstances make it necessary to do so. Applications for interviews from persons other than family members shall be submitted to the Government for orders.
