Shraddha Walkar Murder: Delhi High Court Directs Tihar Authorities To Unlock Accused Aaftab Poonawala For 8 Hrs During Day, Solitary Cell At Night

The Delhi High Court on Friday directed the Tihar jail authorities to unlock accused Aaftab Poonawala for 8 hours during the day like other prisoners, and lodge him in the solitary cell during the night.

A division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia passed the order in a habeas corpus plea moved by Poonawala.

It was his case that he is being kept in solitary confinement and is allowed to go out for only two hours in a day (one hour each in morning and evening) under the garb of security.

Poonawala's counsel submitted that he was kept in solitary confinement since May last year, which is in teeth of the Supreme Court judgment in Sunil Batra case.

He said that the jail authorities can confine a prisoner to solitary confinement if any jail offence is committed by him. It was submitted that no such offence was committed by Poonawala and that his human interaction is virtually zero.

As per the jail authorities, Poonawala was kept in complete security and supervision because he was attacked last year while he was taken to court for his production. It was submitted that considering threat to Poonawala and public popularity of the case, one DSP is also deployed with him round the clock for his security.

In March last year, the trial court had directed the jail authorities to ensure safety of Poonawala during court productions.

Poonawala's counsel submitted that during the day hours, he can be opened like other prisoners. However, during the night, he be put in the solitary cell.

ASC (Criminal) Sanjay Lao however said that even during the day time, Poonawala can be attacked as per the threat perception.

However, considering the request of Poonawala, the court directed the jail authorities to unlock him for 8 hours during the day as per the applicable rules like other inmates and be lodged in solitary cell during the night.

Charges were framed against Poonawala in May last year for murdering Shraddha Walkar and disappearance of evidence. Poonawalla pleaded not guilty and claimed trial in the case.

Aaftab Poonawalla allegedly killed his live-in partner Shraddha Walkar in 2022. It has been alleged that he chopped her body into 35 pieces and disposed the pieces in batches in forests of Delhi.

Title: AAFTAB AMIN POONAWALA v. STATE GOVT OF NCT OF DELHI 

Citation: 2024 LiveLaw (Del) 309