After Bombay HC order, convict removed from solitary confinement

Mumbai: A convict who was in solitary confinement in an Aurangabad prison for over two years, has been moved to a regular cell after the Aurangabad Bench of Bombay High Court ordered a judicial and medical enquiry into the mental health condition of the convict (Shaikh Ruheena v. State of Maharashtra & Ors.).

A Bench of Justices VK Jadhav and Sandipkumar More directed the prison authorities to immediately shift the convict to regular cell after concerns were raised by the convict's wife over his mental health due to the solitary confinement, Bar and Bench reported on Sunday.

The convict was dealing with a plea filed by Rubeena Shaikh, wife of the convict, Imran Shaikh who had been kept in the Anda cell (solitary confinement) for about 2 years and 4 months.

In her plea filed through advocate Rupesh Jaiswal, Shaikh pointed out that the statutorily permissible time limit for keeping prisoners in solitary confinement was for 14 days as per Maharashtra Prison Act.

The petitioner claimed that she and her husband addressed representations to the Superintendent of Prisons, requesting that he be moved to the regular cells among other prisoners.

However, when there was no response to the representations, she wrote to the Legal Aid Services of the Aurangabad Bench on January 5, 2022.

After this, Jaiswal was appointed by the High Court Legal Services Sub-Committee, Aurangabad, to represent the cause and the present petition came to be filed.

The plea stated that after the wife met her husband in prison, it seemed to her that the solitary confinement was affecting his mental health, which could lead to psychological problems. She stated that her husband was not in a position to understand any communication and seemed to have lost his mental balance.

Jaiswal, appearing for the petitioner, stated that the Superintendent even forwarded the communication to the Inspector-General of Prisons (IGP), Pune; however, the application was still not decided, which he alleged showed their "stubborn behaviour" and "inhuman approach".

The plea stated that the husband had not been afforded an opportunity of hearing before the severe punishment was given. "He was neither terrorist, nor affiliated to any underworld nor he has broken any prison rule, but still he was given the barbaric punishment" the petition said.

The wife therefore, prayed that her husband be immediately shifted to regular cell.

Shocked at the allegations made in the representations, the Bench directed immediate corrective measures.

The Chief Judicial Magistrate, Aurangabad, was directed to visit the district's Central Prison immediately to record the statement of the convict, and inspect the prison cell that he was allegedly kept in, and report to the Court by January 31, 2022. The Bench directed the Dean of the district's Government Medical College and Hospital to constitute a team (including a psychiatrist, a physician and any other expert member) to visit the jail. They have to examine the convict, inspect the area of the Anda cell and submit a report on the health conditions, the Court ordered.

Prison officials were directed to immediately shift the convict to any other cell from solitary confinement, and submit a report to the Judicial Registrar immediately.