Undertrial Can Execute Power of Attorney from Jail - Jaipur High Court
The Rajasthan High Court, Jaipur Bench, has delivered a significant judgment reaffirming that an undertrial prisoner does not lose the constitutional right to manage or dispose of his property merely because of incarceration. In Anand Singh v. Union of India (Directorate of Revenue Intelligence), Justice Anoop Kumar Dhand held that an undertrial prisoner can execute a General Power of Attorney (GPA) from jail, subject to statutory safeguards, and directed the jail authorities to facilitate its attestation and registration.
Facts of the Case
The petitioner, Anand Singh, was lodged in Central Jail, Jaipur as an undertrial in an NDPS case. He sought permission to execute a General Power of Attorney in favour of his brother to sell a jointly owned property, as his family was facing severe financial hardship. The trial court rejected the application on the assumption that the property might have been purchased from the proceeds of crime.
Aggrieved by the rejection, the petitioner approached the Rajasthan High Court.
Key Findings of the Rajasthan High Court
The High Court quashed the trial court’s order and made several important observations:
1. Incarceration Does Not Result in Civil Death
The Court categorically held that imprisonment does not extinguish a person’s civil or constitutional rights. An undertrial prisoner continues to enjoy the right to own, hold and transfer property under Articles 21 and 300A of the Constitution of India.
2. Property Cannot Be Presumed to Be Proceeds of Crime
The Court observed that there was no evidence on record showing that the property had been acquired from proceeds of crime. Mere suspicion or imagination cannot justify depriving a person of his property rights.
3. Registration Act Allows Execution of Documents in Jail
Relying upon Section 38 of the Registration Act, 1908, the Court held that a Sub-Registrar can visit the prison premises to facilitate registration of documents executed by prisoners who cannot physically appear before the registration office.
4. Rajasthan Prison Rules Permit Execution of Power of Attorney
The Court referred to Rules 202 and 526 of the Rajasthan Prison Rules, 2022, which specifically permit undertrial as well as convicted prisoners to execute a Power of Attorney within jail under appropriate supervision.
5. Power of Attorney Executed in Jail is Legally Valid
The Court held that once a General or Special Power of Attorney is duly attested and registered, the attorney holder can legally execute sale deeds and complete all consequential acts on behalf of the prisoner, provided the authority is specifically granted and the property is not under attachment.
Important Limitation
The High Court clarified that if the property is attached under any criminal law, including the CrPC, NDPS Act, PMLA or any other special statute, prior permission of the competent court or authority would be necessary before any transfer. Further, in the present case, the petitioner was directed to seek permission from the trial court before the actual sale of the property.
Final Order
The Rajasthan High Court allowed the criminal miscellaneous petition, set aside the impugned order, and directed the Superintendent, Central Jail, Jaipur to attest the General Power of Attorney executed by the petitioner and ensure its registration without unnecessary delay.
Conclusion
This landmark judgment strengthens the constitutional rights of undertrial prisoners by reaffirming that incarceration alone cannot deprive a person of the right to manage or alienate property. The decision provides important clarity regarding the execution and registration of General Power of Attorney from jail and will serve as a valuable precedent for prisoners, lawyers, and courts dealing with similar issues across India.