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Constitutional · Reportable judgment

Inhuman Conditions in 1382 Prisons I.A. No. 26542 of 2018 in Writ Petition (Civil) No. 406 of 2013 vs .

Court
Supreme Court of India
Date
13 December 2018
Case No.
WRIT PETITION (CIVIL) No. 406/2013
Result
Disposed
Bench
Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta
Citation
[2018] 14 S.C.R. 1230 : 2017 INSC 955
Supreme Court Reports [2018] 14 S.C.R. 1230 : 2017 INSC 955
Headnote

Prisons Act, 1894 – Rights of prisoners on death row – Held: Convict on death row is entitled to have meetings with his immediate family members, lawyers or even mental health professionals – Such convict is entitled to move within the confines of the prison like any other convict undergoing rigorous imprisonment, however, certain restrictions may be necessary for security reasons, but even then, it would be necessary to comply with natural justice provisions with an entitlement to file an appeal – All other issues left open for consideration by the Justice Amitava Roy Committee – Committee to look into the issues raised in the present application in greater depth – Constitution of India – Arts. 14 and 21.

Prisons Act, 1894 – s.30 – Prisoner, when a death row prisoner – Held: A prisoner can be said to be a death row prisoner when his sentence is beyond judicial scrutiny and would be operative without any intervention from any other authority. Sunil Batra v. Delhi Administration and others (1978)

4 SCC 494 : [1979] 1 SCR 392 – followed.

Sunil Batra (II) v. Delhi Administration (1980) 3 SCC

488 : [1980] 2 SCR 557 ; Kishore Singh Ravinder Dev v. State of Rajasthan (1981) 1 SCC 503 : [1981] 1 SCR

995 ; Frances Coralie Mullin v. Administrator, Union Territory of Delhi (1981) 1 SCC 608 : [1981] 2 SCR

516 ; Rakesh Kaushik v. B.L. Vig (1980) Suppl. SCC

183 : [1980] 3 SCR 929 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by MADAN B. LOKUR, J 1. This application for directions and declarations has been filed in which it is prayed, inter alia, that prisoners sentenced to death by any court have a right to be treated at par with other convicted prisoners and should be provided all similar facilities as are provided to other prisoners. It is also prayed that solitary confinement of prisoners on death row or their separate and cellular confinement be struck down as unconstitutional. 2. We do not think it necessary to go into all the issues raised in the application but find it n
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