Sanaullah Khan v. The State Of Bihar .

1. Heard learned counsel for the appellant and learned counsel for the State in respect of IA No. 1017 of 2007 through which the appellant has raised a grievance that only on account of award of death penalty he is being kept in a cell under solitary confinement although the death penalty has not been confirmed by the High Court or the Apex Court. The prayer on behalf of the appellant is to direct the jail authorities to remove the appellant from solitary confinement in a cell and keep him in general ward of the jail. In support of the aforesaid plea and prayer, learned counsel for the appellant has placed reliance upon judgment of the Apex Court in the case of Sunil Batra (Ii); v. Delhi Administration., (1978) 4 SCC 494 : AIR 1978 SC 1675 and also upon a recent order of a Division Bench of this Court in Cr. Appeal No. 1169 of 2006 passed on 17.1.2007

2. The report of the Superintendent, Central Jail, Bhagalpur dated 25.7.2007 has been received and kept at Flag ‘X’.

3. It discloses that the appellant has been kept in a cell under solitary confinement in view of Rule 912 of the Jail Manual which provides for such solitary confinement for a prisoner who has been awarded death penalty. Hence, the facts urged on behalf of the appellant are not in dispute.

4. The Hon'ble Apex Court in the aforesaid judgment which has been followed by a Division Bench of this Court, as noticed above, has clearly held that on account of award of death penalty a prisoner cannot be kept in solitary confinement in a cell unless the death penalty has been confirmed by the higher courts and authorities and has become absolutely final in the eyes of law. Of course, there is a discussion in the said judgment that on account of disciplinary action a prisoner may be kept in solitary confinement but even for disciplinary action requirement of notice etc. as per Jail Manual is required to be observed and admittedly, appellant has not been kept in solitary confinement on ground of disciplinary action.

5. In the aforesaid facts and circumstances, the prayer made on behalf of the appellant is allowed. The Jail authorities are directed not to keep the appellant under constant guard in a cell, all by himself, unless he seeks an exclusive and lonely life. It goes without saying that the prison authorities shall have the necessary powers available to them under Jail Manual to take disciplinary action against the appellant also if there is any breach of discipline inside the Jail.