Chandigarh: The Punjab High Court and Haryana have stated that limiting hardcore criminals in cells for 22 hours a day and releasing only for two hours is “not permitted and illegal” and adding that a prisoner remains someone and cannot be reduced to be.
existence like animals.
“Quasi deserted confinement is considered illegal and violations of the rights guaranteed based on Article 21 of the Constitution …
the treatment is fully discarded aspects of rehabilitation of punishment, which is the main component in the philosophy in every advanced society,” observed the High Court and directed the Prison Authority in Punjab to change their current practice.
Justice Sudhir Mittal passed this order while hearing a lot of petitions raised by several confined prison inmates in the Jail Bathinda Punjab.
HC took a request submitted by the feared Gangster Chandan, aka Chandu, who had been locked up in Bathinda Prison and challenged in wasolation for violations of his rights to live under Article 21 of the Indian Constitution.
On his side, Punjab told HC that various directions have been spent on the maintenance of discipline and control in prison.
This direction is legal and valid, he added.
HC asked Punjab to inform the details of the last imprisonment measurement of several riots in a country prison, Punjab told HC that he held a meeting in December 19, 2020 and February 23, 2021, which was decided to adopt greater security measures and shifted 42 Hardcore or famous prisoners in Jail Central Bathinda.
After hearing the two parties, HC asked for a report on the situation in prison and found that each of the applicants was locked up in a separate cell for 22 hours every day and was released from each cell for an hour in Forenoon and one hour at night.
The High Court also found that a prisoner was locked in the first part of the cell from the sun set until the sunrise and for the remaining part of the day, except for two hours, in the second part of the cell.
For all this period, he did not have a company except the strange prison staff who came around.
The prisoner could not see other humans and thus, conversations with fellow creatures came out of the question.
There are no messy facilities together.
Except for one hour in the morning and one hour at night, the inmates are alone with solitude and there is no limit about this.
“Such confinement is not a tight insulation, but can be called semu-solitary because the prisoners are seized from human companies for the long term and such a long term has been considered very hard and violates human rights that remain rights.
Every prisoner,” observed HC and added that it cannot be justified even with the reason for maintaining discipline and order and restrictions on crime.
“The prison administration can certainly produce suggestions that will make prisoners in accordance with land law while fulfilling security issues.
For example, identified prisoners can be placed in separate barracks, not cells where the provisions are also made to mess up.
Rival gang members can be locked up in the barracks Different and staggering locking systems can be maintained.
The curvation for cells is limited because the sun sets to sunrise and the locking period increases, however, within the limits of high security zones.
The final decision, of course, will rest with the prison administration, but always Open to Judicial Supervision, “HC added.
Delay this problem for July 19, HC has asked Punjab to tell about the fresh steps intended to adopt this problem.