1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1054 OF 2009 SARDAR SHAHVALI KHAN & ORS. .. PETITIONERS VERSUS THE STATE OF MAHARASHTRA & ORS. .. RESPONDENTS Mrs. Aisha Z. Ansari for the petitioners Mr. Ravi Kadam, Advocate General with Mr. P. A. Pol, PP CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED : 8th March, 2010 P.C. In view of Rule 43 of Chapter XXIV of the Maharashtra Prison Manual the prisoners have been deprived of the facility of buying Veg. Non- veg and other items from canteen by the Circular dated 5/12.9.2008 issued by the Inspector General (Prisons). The said circular is challenged in this petition. It is pointed out to us that a Division Bench of Nagpur Bench of this court vide its order dated 13/8/09 has dismissed a petition challenging 2 the said circular. The Division Bench presided over by Justice J. N. Patel has also followed the same decision and dismissed yet another petition. It is, therefore, not possible for us to take a contrary view now. However, we felt that since this facility was available to the prisoners for a long time the Inspector General (Prisons), should reconsider the issue. We wanted to know whether in his discretion he would modify the circular by putting some conditions. In fact, the Inspector General (Prisons) remained present in the court as requested by us. He was, however, of the view that the decision cannot be modified as it is in tune with Rule 43 of Chapter XXIV of Maharashtra Prison Manual. We are informed by Mrs. Ansari, learned counsel for the petitioner that such facility was provided to the prisoners right from 1969. The learned APP on instructions from Inspector General (Prisons) informed the court that the said practice was wrong and has been set right now. 4. Though we are unable to take a view contrary to the decision taken by two Benches of this court, we request learned Advocate General to look into the matter, discuss it with the Inspector General (Prisons) and see whether the said circular can be modified or replaced by fresh circular whereby a balance can be struck between the prison discipline and better administration and the prisoners’ demand to have cooked food from the canteen at their cost which facility was available to them since 1969. 3 5. Needless to say that it would be open to the petitioners to file review petition. Petition is disposed of in the afore stated terms. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)