Can the right guaranteed under Article 21 of the Indian Constitution be denied to convicts, etc?
Any prison regulation or restriction or punishment which is sought to be imposed in addition to those resulting from the sentence of court, must still be tested by the procedural safeguards under Article 21. In Dilip Kumar Basu v. State of West Bengal, Supreme Court expressed its deep anguish at the occurrence of custodial deaths. The rights of prisoners on the one hand and the duties of the police on the other were emphasized. The court held that the precious right guaranteed under Article 21 could not be denied to convicts, under trials, determines and other prisoners in custody, except according to the procedure established by law.