SUNIL BATRA v. DELHI ADMINISTRATION,

AIR 1980 SC 1579

FACTS OF THE CASESUNIL BATRA

death sentence by Sessions Court appeal still lies subject to solitary confinement

CHARLES SOBRAJ

ordered detention put in bar fetters fetters were retained continuously for 24 hours a day

Issue raised Challenged the vires of section 30 of prisoners act.

30. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Deputy Superintendent, and all articles shall be taken from him which the Deputy Superintendent deems it dangerous or inexpedient to leave in his possession.

(2) Every such prisoner, shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under charge of a guard.

Arguments of respondentsState of mind of such prisoners

may indulge in harming themselves or any other criminal activity in their voluntary discretion or be harmed by any other prisoner.

can connive with such prisoners and may thereby succeed in getting some instrument by which he may commit suicide or may be enabled to escape from the jail.

a prisoner under sentence of death has a very harmful influence on the other prisoners.

As they are highly frustrated lot, they will always be on the look out for an opportunity to over-power the watch and ward guard, and make attempt to escape

If mixed up with other categories of prisoners then the superintendence and management of jails will be greatly jeopardised.

ISSUESWhether Section30contemplates solitary confinement for condemned prisoners.

whether such total seclusion, even if covered by Section30(2)is the correct construction of the provision

whether we have to pronounce upon the vires of Section30(2), if it does condemn the death sentencees to dismal solitude

Meaning of solitary confinementSegregation of one person all alone in a single cell is solitary confinement

Court alone can impose

This meaning cannot be given to 30(2), confined in a cell- different meaning.

the separation is authorised, but within the same cell.

46. The Superintendent may examine any person touching any such offence, and determine thereupon and punish such offence by-

(8) separate confinement for any period not exceeding three months;

Explanation :-Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners;

(10) cellular confinement for any period not exceeding fourteen days;

Section30(2)- separation without isolation, keeping apart without close confinement.

366(2)- The Court passing the sentence shall commit the convicted person to jail custody under a warrant.Guest in custodySafe- keepingTrusteeshipNo scope for deprivation and isolation

2 elements of 32(2)SeclusionWatch by guards

Is Batra under sentence of death366- sessions court submits the case to the HC134c/ 136- HC gives certificate415- postponement of sentence, in case of appeal.72 /161- president/ governor can grant pardon

Conclusion Solitary confinement NOT AT ALL sanctioned by 30(2)

30(2)- no substitute for imprisonment

30 is intra-vires, but Batra cant be subjected to solitary confinement.

ISSUE RAISEDConstitutionality of 56

56. Whenever the Superintendent considers it necessary for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government so confine them.

Arguments of respondentsPreventive medicine for 'dangerousness' to inhibit violence and escape.

Requirements of 56Safe custody ALONE (escaping tendencies)Necessity to confine (opinion of SP)Intelligent careNot just desirable, but NECESSARY.Reasons furnished + recorded (suitable language)Brief periods and frequent scrutiny (not more than 3 months and nocturnal fetters illegal)Visitors of jail (external examinators)

(i) absolute necessity for fetters;(ii) special reasons why no other alternative but fetters alone(iii) record of those reasons (iv) such record must be full and documented both in the journal of the Superintendent and the history ticket of the prisoner. This latter should be in the language of the prisoner so that he may have communication and recourse to redress.(v) the basic condition of dangerousness must be well grounded and recorded;

(vi) objective assessment of facts (relevance to safe custody)

(vii) the fetters shall be removed at the earliest opportunity.

(vii) there shall be a daily review of the absolute need for the fetters,

(viii) if it is found that the fetters must continue beyond a day it shall be held illegal unless an outside agency like the District Magistrate or Sessions Judge, on materials placed, directs its continuance.

CONCLUSIONUndertrials: relaxed conditions than convictsIf violence, then iron fetters permissable, but ONLY if no alternativesBurden on proof.Sobraj- fetters to be removed, locomotion allowed.