Chandigarh: The Punjab and Haryana The High Court has held that confinement of hardcore criminals in a cell for 22 hours in a day and releasing them for only two hours is “permissible and illegal” and held that a prisoner remains a person and must be treated like an animal. cannot be brought into existence.
“Semi-solitary confinement is considered illegal and a violation of the rights guaranteed under Article 21 of the Constitution … Such treatment completely abandons the rehabilitative aspect of punishment, which is in every developed society in the philosophy of punishment. There is a major component,” observed the High Court and directed the jail authorities in Punjab to change their present practice.
Justice Sudhir Mittal gave these orders while hearing the petitions filed by several prisoners lodged in the jail of Punjab. Bathinda Jail. The HC considered a petition filed by dreaded gangster Chandan, alias Chandu, who is lodged in Bathinda jail and challenged solitary confinement for violation of his right to life under Article 21 of the Constitution of India. Punjab, on its part, informed the High Court that various directions have been issued to maintain discipline and control in the prisons. It states that these directions are legal and valid.
HC asks Punjab to be apprised of latest confinement measures
Detailing the details of several riots inside the state’s jails, Punjab informed the HC that it held meetings on December 15, 2020 and February 23, 2021, to adopt more security measures and move 42 hardcore or notorious prisoners to Bathinda Central Jail. It was decided to relocate.
The HC, after hearing both the sides, sought a report about the jail situation and found that each of the petitioners was being imprisoned in a separate cell for 22 hours per day and for one hour in the forenoon and one hour from the concerned cell. is released. evening.
The High Court also observed that a prisoner is imprisoned in the first part of the cell from sunset to sunrise and for the remaining part of the day, except for two hours, in the second part of the cell. For this entire period, he has no company except for those pesky prison workers who come on the rounds. The prisoner is unable to see any other human beings and thus, the question of interaction with the comrades does not arise. There is no common mess facility. Except for one hour in the morning and one hour in the evening, the prisoner himself is in solitude and has no boundaries.
“Such confinement is not strictly solitary confinement, but can be called quasi-solitary because the prisoner is deprived of human company for a long period of time and such confinement is considered extremely harsh and a violation of basic human rights, That every prisoner deserves it,” the HC said and added that it cannot be justified even on the ground of maintaining discipline and order and reduction in crime.
“The prison administration can certainly come up with suggestions that will make the detention in line with the law of the land while meeting the security concerns. For example, identified prisoners may be kept in separate barracks instead of cells, where arrangements for messing are also made. Members of rival gangs could be lodged in separate barracks and a system of staggered lockouts could be maintained. Confinement in the cells is restricted from sunset to sunrise and the period of the lockdown can be extended, however, within the limits of high security areas. The final decision, of course, will rest with the jail administration, but is always open for judicial scrutiny,” the HC said.
While adjourning the matter to July 19, the HC has asked Punjab to be informed about the new measures to be adopted on the issue.
“Semi-solitary confinement is considered illegal and a violation of the rights guaranteed under Article 21 of the Constitution … Such treatment completely abandons the rehabilitative aspect of punishment, which is in every developed society in the philosophy of punishment. There is a major component,” observed the High Court and directed the jail authorities in Punjab to change their present practice.
Justice Sudhir Mittal gave these orders while hearing the petitions filed by several prisoners lodged in the jail of Punjab. Bathinda Jail. The HC considered a petition filed by dreaded gangster Chandan, alias Chandu, who is lodged in Bathinda jail and challenged solitary confinement for violation of his right to life under Article 21 of the Constitution of India. Punjab, on its part, informed the High Court that various directions have been issued to maintain discipline and control in the prisons. It states that these directions are legal and valid.
HC asks Punjab to be apprised of latest confinement measures
Detailing the details of several riots inside the state’s jails, Punjab informed the HC that it held meetings on December 15, 2020 and February 23, 2021, to adopt more security measures and move 42 hardcore or notorious prisoners to Bathinda Central Jail. It was decided to relocate.
The HC, after hearing both the sides, sought a report about the jail situation and found that each of the petitioners was being imprisoned in a separate cell for 22 hours per day and for one hour in the forenoon and one hour from the concerned cell. is released. evening.
The High Court also observed that a prisoner is imprisoned in the first part of the cell from sunset to sunrise and for the remaining part of the day, except for two hours, in the second part of the cell. For this entire period, he has no company except for those pesky prison workers who come on the rounds. The prisoner is unable to see any other human beings and thus, the question of interaction with the comrades does not arise. There is no common mess facility. Except for one hour in the morning and one hour in the evening, the prisoner himself is in solitude and has no boundaries.
“Such confinement is not strictly solitary confinement, but can be called quasi-solitary because the prisoner is deprived of human company for a long period of time and such confinement is considered extremely harsh and a violation of basic human rights, That every prisoner deserves it,” the HC said and added that it cannot be justified even on the ground of maintaining discipline and order and reduction in crime.
“The prison administration can certainly come up with suggestions that will make the detention in line with the law of the land while meeting the security concerns. For example, identified prisoners may be kept in separate barracks instead of cells, where arrangements for messing are also made. Members of rival gangs could be lodged in separate barracks and a system of staggered lockouts could be maintained. Confinement in the cells is restricted from sunset to sunrise and the period of the lockdown can be extended, however, within the limits of high security areas. The final decision, of course, will rest with the jail administration, but is always open for judicial scrutiny,” the HC said.
While adjourning the matter to July 19, the HC has asked Punjab to be informed about the new measures to be adopted on the issue.
.