"Have Been Kept In Solitary Confinement Contrary To Norms Of Humanity & Justice"- Three Under-Trial Prisoners Approach Calcutta HC
|Three under-trial prisoners have approached the Calcutta High Court alleging that they have been kept in solitary confinement which is contrary to the norms of humanity and justice.
The High Court has adjourned the matter for further consideration which dealt with the plea of numerous allegations one of which was that 3 of the petitioners had been kept in separate solitary confinement.
The Bench of Justice Sabyasachi Bhattacharyya observed-
"As such, since the petitioners seek to apprise themselves on the contents of the report filed today by the State, and to take an exception thereto, if necessary, the matter is adjourned till August 10, 2023, when it will be listed fairly at the top of the list for passing orders."
Advocate Achin Jana appeared for the Petitioners and Advocate Sk. Md. Galib appeared for the State.
The counsel representing the petitioners argued that the petitioners had been subjected to separate solitary confinement, which goes against the principles of humanity and justice. They argued that petitioners, being under-trials, should not face a worse fate than convicts.
The counsel further contended that the petitioners were severely restricted from meeting people, and they provide an instance where one petitioner's sister and mother were treated brutally by the police when they attempted to visit the petitioner. Additionally, it was argued that the petitioners have serious medical issues but are not receiving proper check-ups from the authorities. The counsel for the petitioners relied on Section 64 of the West Bengal Correctional Services Act, 1992, which allowed the transfer of prisoners based on overcrowding.
Allegations of limited contact with others were countered by mentioning a "day unlock" period by the State Counsel. Medical issues were discussed, with only one petitioner having a non-serious condition. The State's counsel stated that the petitioners were not in solitary confinement but housed together due to overcrowding. The State's counsel contended that the issues raised in the writ petition were previously presented before the Sessions Judge and have been addressed, making them ineligible for reconsideration before this court.
The Court considered the legal definition discussed by the state counsel of "solitary confinement", and concluded that its complete isolation of a prisoner, which does not apply to the present case where the petitioners have been kept together in the same cell.
The Court further noted that issues raised in the writ petition were previously presented before the Sessions Judge and have been addressed however in relation to allegation of indecent behaviour against the relatives of the petitioners records didn’t show any such complaint been lodged and regarding the allegation of dearth of medical attention the Court was unsure as to whether such scanty medical attention was sufficient to take care of the general well-being of the petitioners, who were under-trials as of now.
The Court adjourned the matter until August 10, 2023, when it will be listed for further consideration based on the report filed by the State.
Cause Title: Bishal Das & Ors. v. The State of West Bengal & Ors.
Click here to read/download the Order