Connect with us

Hi, what are you looking for?

SLC Reads

Confining inmate in a cell for 22 hours a day violates Article 21: Punjab & Haryana High Court

He claimed that these limits amounted to solitary confinement and that they violated his right to life under Article 21.

Socio Legal Corp

Last Updated on July 3, 2021 by Administrator

By Sarasa

The Punjab and Haryana High Court ruled on Wednesday that keeping a prisoner to a cell for 22 hours a day for quasi-solitary confinement is unlawful and violates the fundamental right to life protected by Article 21 of the Constitution (Rajia vs. State of Punjab).

The Court was considering a plea brought by a mobster named Rajia, who claimed he was confined to his cell for 22 hours a day and only allowed to go for two hours.

He also claimed that ordinary prisoners have access to amenities such as private maintenance, which includes the provision of food, clothing, bedding, and other necessities from private sources, as well as cooking facilities, adequate food and water, adequate clothing, newspapers, magazines, and television.

He claimed that these limits amounted to solitary confinement and that they violated his right to life under Article 21.

According to the State, the petitioner has a total of 34 cases pending against him, three of which he has been convicted in. While he was in judicial custody, six cases were filed against him. He is currently serving a life sentence for committing dacoity. It was claimed that as a well-known criminal, he has a proclivity for inciting riots.

As a result, security was ramped up, and it was decided that petitioner and other like prisoners would only be released from their cells for two hours.

In this regard, the Court cited the Supreme Court’s decision in Sunil Batra (II) vs. Delhi Administration, noting that “the true import of the Supreme Court of India does not seem to have percolated to the Administrators of Prisons, as is highlighted by the facts of this bunch of cases” nearly four decades after the decision.

The Court went on to say that the authorities had gone too far and had infringed the prisoners’ fundamental rights.

Written By

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.


Related Posts

Inside Court News

Last Updated on March 12, 2024 by News Desk Issue: The Medical Termination of Pregnancy (MTP) Act’s provisions regarding a woman’s sexual autonomy were...

Inside Court News

Last Updated on January 25, 2023 by Administrator Written By – Shianjany Pradhan On Thursday, while hearing the bail plea for Ashish Mishra the...

SLC Reads

Last Updated on January 9, 2022 by Administrator Written By – Shruti Bharti With the tremendous proliferation of the internet, legislators across the globe...

SLC Reads

Last Updated on May 24, 2023 by Administrator What is Euthanasia? Euthanasia is taking away a person’s life in good faith with no intention...