"Shocking" Can't Keep A Prisoner In Solitary Confinement For More Than 14 Days - Bombay High Court Rescues Convict After 2.4 Years In Anda Cell

Last week, the Bombay High Court's Aurangabad bench took cognisance of Shaikh's wife's letter, and directed prison official to transfer him to an ordinary prison cell with immediate effect, and ordered a team of doctors visit prison and ascertain his condition.

"We are shocked to read the allegations made in the petition so also in the representation submitted by the prisoner himself and his wife – petitioner before us."

The court, further, directed the Chief Judicial Magistrate, Aurangabad, to visit Shaikh in prison, record his statement and report to the HC on the condition of the Anda cell.

The bench observed that Section 46 (10) of the Prisoners Act does not permit cellular confinement exceeding the period of 14 days. The period of 14 days can be repeated only after transferring the prisoner back in an ordinary cell for equal number of days.

"Even though in terms of provisions of Section 46 (10) of the Prisoners Act, cellular confinement cannot be awarded exceeding the period of 14 days qualifed by the proviso and explanation, however, the husband of the petitioner convict Imran @ Mehedi Nasir Shaikh is kept in solitary confinement continuously for last 2 years and 4 months."

After the HC administration received Shaikh's wife Ruheena's letter, they appointed advocate Rupesh Jaiswal from the High Court Legal Services Sub-Committee, Aurangabad to represent her.

Shaikh, was convicted for murder, destruction of evidence and under sections of the Maharashtra Control of Organised Crime Act (MCOCA). Jaiswal submitted that after being sentenced to solitary confinement he wrote to the SP in September 2021, but received no response. Two years had lapsed by then.

In the letter he said that solitary confinement had affected his mind. He was hallucinating and suffering from other mental problems and diseases. His medical condition included sthenian gravis – abnormal response to non depolqrising muscle relaxanis, diabetes, high blood pressure, 180 stitches on his abdomen. "Hence in the name of reformation and looking at my medical multiple problems, I request you to please remove me from Anda Barrack solitary confinement before this disease of psychological mental disease gets more complicated."

Jaiswal said that in December, last year, Shaikh's wife Ruheena said she had met her husband and his condition was deteriorating and he was unable to communicate properly with her. Still nothing happened.

Finally, HC had taken cognisance of Shaikh's plight. In its order the court recorded certain observations of the SC in Charles Gurmukh Sobraj vs Delhi Administration and others that solitary confinement, cellular segregation are inhuman and irrational.

With the above directions, the court adjourned the case to January 31.

Case Title: Shaikh Ruheena vs The State of Maharashtra

Case No: CRIMINAL WRIT PETN. NO.119 OF 2022

Citation: 2022 LiveLaw (Bom) 26

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