Nishka Srinivas Veluvali
Published On: January 31, 2022 at 18:08 IST
The Convict in Aurangabad Prison, was kept in Solitary Confinement for over 2 years has been moved to the regular Cell after the Aurangabad Bench of Bombay High Court directed for an enquiry into the mental health of the Convict.
The Bench consisting of Justice VK Jadhav and Justice Sandip Kumar Ordered the Prison Authorities to instantly transfer the Convict to the regular cell after the concerns were raised by the Convict’s wife over his mental condition due to the prolonged Solitary Confinement.
The Court was considering the Plea filed by Rubeena Shaikh, wife of the Convict Imran Shaikh who was kept in Anda Cell for 2 years and 4 months.
The Plea filed highlighted the point that the permissible time limit for the confinement in Anda Cell was 14 days, according to the Maharashtra Prison Act.
The Plea informed the Court that the Petitioner and her husband had approached the Superintendent of Prisons seeking to move him to the regular cell among other prisoners but no response was received from their end.
Following which the Petitioner wrote to the Legal Aid Services of the Aurangabad Bench on January 05, 2022. After this move, the High Court Legal Services Sub – Committee appointed Advocate Rupesh Jaiswal to represent the Petitioner.
The Plea further stated that when the Petitioner went to meet her husband in the Prison, it seemed that the mental condition of the husband was getting affected due to the prolonged Solitary Confinement.
The Petitioner stated that her husband was not able to communicate or understand any communication and it appeared as if he had lost his mental balance.
Advocate Jaiswal informed the Bench that the Superintendent has not responded till now and this displays their “Stubborn and inhuman behaviour”. He also stated that the Convict was not offered the opportunity to be heard before awarding such Severe Punishment.
The Petition inferred, “He is neither the terrorist nor affiliated to any underworld nor he has broken any prison rules, but still he was given this barbaric punishment”.
Terrified by the submission and Allegations put forth, the Court Ordered for the immediate transfer of the Convict to the regular Cell and conduct the examination of the Convict’s both physical as well as the mental health. The Court also Ordered the Prison Officials to submit the report to the Judicial Registrar immediately after shifting the Convict.
The Bench has adjourned this matter after issuing notices to the Respondents consisting of Secretary of the State Home Department, the IGP and the Superintendent.
