No prison follows solitary confinement; convicts of heinous crimes separated: Maha govt to HC
The Maharashtra government informed the Bombay HC that no prison in the state uses solitary confinement; heinous crime convicts are kept separately.
MUMBAI: The Maharashtra government on Monday informed the Bombay high court (HC) that as per law, no prison in the state follows the system of solitary confinement, but prisoners convicted of heinous crimes were kept separately.
Solitary confinement is a form of imprisonment where an inmate is isolated from any human contact, except for prison staff. This means they are kept in a small cell for 22 to 24 hours a day, with limited or no access to social interaction.
Public prosecutor Hiten Venegaonkar told a division bench of justices Revati Mohite Dere and Prithviraj Chavan that persons convicted for heinous offences, such as bomb blasts and so on, were separated from other inmates.
The court was hearing a petition filed by Himayat Baig, convicted in February 13, 2010 German Bakery blast case, who claimed he has been in solitary confinement at the Nashik Central prison for the last 12 years and sought to be shifted.
He has been sentenced to life imprisonment in the blast case. Venegaonkar told the court that no prison follows solitary confinement.
{{/usCountry}}He has been sentenced to life imprisonment in the blast case. Venegaonkar told the court that no prison follows solitary confinement.
{{/usCountry}}“Presently, we don’t follow solitary confinement at all. We just separate convicts sentenced to life imprisonment for serious and heinous offences like blasts and so on from the other convicts,” he told the court.
{{/usCountry}}“Presently, we don’t follow solitary confinement at all. We just separate convicts sentenced to life imprisonment for serious and heinous offences like blasts and so on from the other convicts,” he told the court.
{{/usCountry}}There is a distinction between solitary confinement and being kept separately from other convicts, he said. Venegaonkar said that as per section 11 of the Bharatiya Nyaya Sanhita, only a court that has convicted the accused and sentenced him has the power to order him to be in solitary confinement for not more than three months.
{{/usCountry}}There is a distinction between solitary confinement and being kept separately from other convicts, he said. Venegaonkar said that as per section 11 of the Bharatiya Nyaya Sanhita, only a court that has convicted the accused and sentenced him has the power to order him to be in solitary confinement for not more than three months.
{{/usCountry}}The bench directed Venegaonkar to file a short affidavit stating the same and posted the matter for hearing after two weeks.
{{/usCountry}}The bench directed Venegaonkar to file a short affidavit stating the same and posted the matter for hearing after two weeks.
{{/usCountry}}Baig was the only person to be convicted in the February 2010 blast at German Bakery, a popular eatery in Pune’s posh Koregaon Park area, in which 17 persons lost their lives and 60 others were injured.
Six others charge-sheeted in the case, including Yasin Bhatkal, who allegedly planted the bomb, are still absconding.
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