1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3133 OF 2011 Samir Sharad Kulkarni Petitioner versus The State of Maharashtra Respondent Petitioner through jail. Mrs.M.M.Deshmukh, APP for State. CORAM : A.M.KHANWILKALR AND P.D.KODE, JJ. DATE : 19th October 2011 PC : 1. This letter petition is received through jail. It is asserted in the letter petition that as per the provisions of Maharashtra State (Prison and Child Welfare Home) Act, 1993, the authorities are obliged to appoint Duty Counsellor in every jail. The Superintendent of Jail by his communication dated 15th September 2011 has informed the petitioner that the post of Duty Counsellor is not available in the Taloja Central Prison and the petitioner, if so advised, can pursue his request before the Law and Judiciary Department, Alibag (Raigad). 2. In this background, we deem it appropriate to dispose of this petition with a direction to the Secretary, Home Department, Government of Maharashtra to examine the representation made by the petitioner and pass appropriate directions as may be required in accordance with law. We are not expressing any opinion one way or the other with regard to the correctness of the stand taken by the 2 petitioner in the letter petition. The Secretary, Home Department shall decide the proposal as expeditiously as possible and in any event not later than 25th November 2011 and communicate the said decision to the petitioner who is presently in jail for information and necessary action. 3. Petition be placed under caption `direction' on 30th November 2011 for reporting compliance. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)