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D. Bhuvan Mohan Patnaik & Ors vs State Of Andhra Pradesh & Ors on 9 September, 1974

The question which then arises is whether a person preventively detained in a prison has any rights which he can enforce in a Court 525 of law. Once his freedom is curtailed by incarceration in a jail, does he have any fundamental rights at all or does he leave them behind, when he enters the prison gate ? The answer to this question is no longer res integra. It has been held by this Court in the two Sunil Batra cases that "fundamental rights do not flee the person as he enters the prison although they may suffer shrinkage necessitated by incarceration." The prisoner or detenu has all the fundamental rights and other legal rights available to a free person, save those which are incapable of enjoyment by reason of incarceration. Even before the two Sunil Batra cases, this position was impliedly accepted in State of Maharashtra v. Prabhakar Sanzgiri and it was spelt-out clearly and in no uncertain terms by Chandrachud, J. as he then was, in D. B. Patnaik v. State of Andhra Pradesh :
Supreme Court of India Cites 11 - Cited by 65 - Y V Chandrachud - Full Document
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