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DELHI ADMINISTRATION,
AIR 1980 SC 1579
SUNIL BATRA
death sentence by Sessions Court
appeal still lies
subject to solitary confinement
CHARLES SOBRAJ
ordered detention
put in bar fetters
fetters were retained continuously for 24 hours a day
Issue raised
Challenged the vires of section 30 of prisoners act.
30. (1) Every prisoner under sentence of death shall,
immediately on his arrival in the prison after sentence,
be searched by, or by order of, the Deputy
Superintendent, and all articles shall be taken from him
which the Deputy Superintendent deems it dangerous or
inexpedient to leave in his possession.
(2) Every such prisoner, shall be confined in a cell
apart from all other prisoners, and shall be placed by
day and by night under charge of a guard.
Arguments of respondents
State of mind of such prisoners
may indulge in harming themselves or any other
criminal activity in their voluntary discretion or be
harmed by any other prisoner.
can connive with such prisoners and may
thereby succeed in getting some instrument by
which he may commit suicide or may be enabled
to escape from the jail.
ISSUES
Whether Section 30 contemplates solitary
confinement for condemned prisoners.
whether such total seclusion, even if covered by
Section 30(2) is the correct construction of the
provision
whether we have to pronounce upon the vires of
Section 30(2), if it does condemn the death
sentencees to dismal solitude
Guest in custody
Safe- keeping
Trusteeship
No scope for deprivation and isolation
2 elements of 32(2)
Seclusion
Watch by guards
Conclusion
Solitary confinement NOT AT ALL
sanctioned by 30(2)
30(2)- no substitute for imprisonment
30 is intra-vires, but Batra cant be
subjected to solitary confinement.
ISSUE RAISED
Constitutionality of 56
56. Whenever the Superintendent considers it
necessary for the safe custody of any prisoners
that they should be confined in irons, he may,
subject to such rules and instructions as may be
laid down by the Inspector General with the
sanction of the State Government so confine
them.
Arguments of respondents
Preventive medicine for 'dangerousness'
to inhibit violence and escape.
Requirements of 56
Safe custody ALONE (escaping tendencies)
Necessity to confine (opinion of SP)
Intelligent care
Not just desirable, but NECESSARY.
Reasons furnished + recorded (suitable language)
Brief periods and frequent scrutiny (not more than 3
months and nocturnal fetters illegal)
Visitors of jail (external examinators)
CONCLUSION
Undertrials: relaxed conditions than
convicts
If violence, then iron fetters permissable,
but ONLY if no alternatives
Burden on proof.
Sobraj- fetters to be removed, locomotion
allowed.