The Bombay High Court was in disbelief when during hearing of a suo-moto matter, it found that the convict has been in solitary confinement for 2 years as against 14 days in law.
The Division Bench comprising of Justice Sandip Kumar C. More and Justice V.K. Jadhav took into consideration, the letter written by convict Imran Shaikh's wife who drew Court's attention to the pitiful condition of the convict who had himself written in anguish to the Superintendent of Central Prison, Aurangabad, but in vain.
Directing prison official to transfer him to an ordinary prison cell with immediate effect, and ordering a team of doctors to visit prison and ascertain his condition, the Court noted:
"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."
Further direction was given to 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 doesn't 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."
Shaikh, who was convicted for murder, destruction of evidence and under MCOCA had wrote to the SP in September 2021 upon his solitary confinement, but received no response even after two years, till now
In the letter he said that solitary confinement had affected his mind. He mentioned of other problems such as hallucination, mental health problems and diseases.
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(With input from news agency language)
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