Hindustan Times (Amritsar)

‘Not more than 2-3 day solitary confinemen­t for death row prisoner’

RIGHTS ISSUE HC division bench cites UN guidelines which say the measure should be used in exceptiona­l cases as a last resort

- Surender Sharma surender.sharma@hindustant­imes.com ■ ■

Isolation for indefinite period causes immense pain, agony and anxiety to the condemned convict.

THE HIGH COURT

CHANDIGARH: The Punjab and Haryana high court has held that a convict awarded death sentence by a trial court can’t be kept in solitary confinemen­t for more than 2-3 days.

“This practice to keep the convict in custodial segregatio­n/solitary confinemen­t before the exhaustion of his constituti­onal, legal and fundamenta­l rights is without authority of law. It will amount to additional punishment. It also amounts to torture and is violative of his basic human rights,” a division bench presided over by justices Rajiv Sharma and Gurvinder Singh Gill ruled while answering a criminal reference.

The issue had come up before the bench during the hearing of a rape-murder case of 9-year-old girl in Mahendarga­rh district of Haryana in November 2014.

The court observed that the United Nations Standard Minimum Rules for the Treatment of Prisoners lays down that the solitary confinemen­t shall be used only in exceptiona­l cases as a last resort. “It shall not be imposed by virtue of a prisoner’s sentence. The solitary confinemen­t means the confinemen­t of prisoners for 22 hours or a day without meaningful human contact. Prolonged solitary confinemen­t shall refer to solitary confinemen­t for a time period in excess of 15 consecutiv­e days,” the court said, referring to the UN rules.

The Punjab Jail Manual that Haryana government also follows says the warder shall not allow any person to go near or communicat­e with the prisoner except by the authorised person. He is supposed to be in isolation for more than 23 hours in a day, the manual says.

A convict sentenced to death, immediatel­y after the pronouncem­ent of sentence by the trial court is put in solitary confinemen­t in Haryana.

“There is no scientific reason why the convict sentenced to death should be kept in isolation for indefinite period till he exhausts all his constituti­onal and legal remedies. It causes immense pain, agony and anxiety to the condemned convict. It is violative of Articles 20 (2) and 21 of the Constituti­on of India,” the court said, adding that a man, even sentenced to death, has certain privileges and rights which cannot be denied to him due to ‘colonial mindset’.

Abolishing the practice, the court termed the provisions of the Punjab Jail Manual as anarchic, cruel and insensitiv­e and ruled that the convict shall not be segregated/isolated till the sentence of death has become final, conclusive and indefeasib­le which cannot be annulled or voided by any judicial process.

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