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Cases cited for the legal proposition you have searched for.

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1

...(Permanent Edn.) solitary confinement as a punishment is regarded as “the complete isolation of the prisoner from all human society and his confinement in a cell of considerable size so arranged that he...cell and another, the prisoners could talk to each other also so that the confinement would no longer be solitary despite the fact that they are kept in separate adjoining cells...Act and reach the same result? To give the answer we must examine the essentials of solitary confinement to distinguish it from being ‘confined in a cell apart from all other prisoners...


Court: Supreme Court Of India
Date: Aug 30, 1978 Cited By: 395 Coram: 5
2

...Words and Phrases (Permanent Edn.) solitary confinement as a punishment is regarded as "the complete isolation of the prisoner from all human society and his confinement in a cell of considerable size so...cell' under illegal solitary confinement for a period of more than three years and two months making it a good case for commutation of the death sentence. Hon'ble the Supreme Court in Sunil...authorities in the garb of confining a prisoner under sentence of death, in a cell apart from all other prisoners, to impose solitary confinement on him. Even jail discipline inhibits...


Court: Punjab & Haryana High Court
Date: Jul 26, 2019 Cited By: 0 Coram: 1
3

...solitary confinement. Two judgments were delivered in the case: one by Shri Justice V.R Krishna Iyer and the second by Shri Justice D.A Desai for himself and on behalf of Chief Justice Shri Chandrachud...solitary confinement is by itself a substantive punishment which can be imposed by a Court of law. It cannot be left to the whim and caprice of prison authorities. The limit of solitary confinement that...(2), Section 30, Prisons Act merely provides for confinement of a prisoner under sentence of death in a cell apart from other prisoners and he is to be...


Court: Delhi High Court
Date: Feb 21, 1986 Cited By: 290 Coram: 1
4

...and explaining the Batra (I) & (II) rulings and assuring us that no more of solitary confinement disguised as “keeping in separate cell” and imposition of fetters will take place, save in the...in spirit and substance, in reasoning and conclusions. Batra in that case was stated to be in a separate confinement and not solitary cell. An identical plea has been put forward here too. For the...reasons given in Sunil Batra (I) case we must overrule the extenuatory submission that a separate cell is different from solitary confinement. The petitioners will, therefore, be entitled to move within...


Court: Supreme Court Of India
Date: Nov 4, 1980 Cited By: 71 Coram: 2
5

...cell did not make his confinement solitary, cellular or separate. Paragraph 571 of the Jail Manual provided that subject to cell accommodation and requirement of labour all convicts be kept separate...treatment of prisoners, (2) the Superintendent of Jail, for extraneous reasons on the pretext of disciplinary action, gave him solitary confinement in a cell since the date he was transferred to that..., "No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and...


Court: Supreme Court Of India
Date: Nov 2, 1961 Cited By: 1 Coram: 10
6

...worded relief sought to treat Sobraj ‘in a human and dignified manner, keeping in view the adverse effect of his confinement upon his mental and physical conditions”. The penological goals which may be...inevitable, is the art of correctional confinement. When prison policy advances such a valid goal, the court will not intervene officiously.10. The overall attitude was incorporated...citizens except those lost necessarily as an incident of confinement. Moreover, the rights enjoyed by prisoners under Articles 14, 19 and 21, though limited, are not static and will rise to human...


Court: Supreme Court Of India
Date: Aug 31, 1978 Cited By: 266 Coram: 3
7

...]. 109. In Words and Phrases (Permanent Edn.) solitary confinement as a punishment is regarded as "the complete isolation of the prisoner from all human society and his confinement in a cell of considerable size so...learned counsel for the petitioner is that the petitioner has been kept in illegal solitary confinement for over five years in a small cell with walls on all sides and iron bars in the front. It has...that he was in solitary confinement for 5 and a half years. It has also been submitted that when an advocate on behalf of the petitioner went to inspect the cell in which the petitioner was confined...


Court: Delhi High Court
Date: Jun 28, 2017 Cited By: 0 Coram: 2
8

...]. 109. In Words and Phrases (Permanent Edn.) solitary confinement as a punishment is regarded as "the complete isolation of the prisoner from all human society and his confinement in a cell of considerable size so...the learned counsel for the petitioner is that the petitioner has been kept in illegal solitary confinement for over five years in a small cell with walls on all sides and iron bars in the front. It has...stating that he was in solitary confinement for 5 and a half years. It has also been submitted that when an advocate on behalf of the petitioner went to inspect the cell in which the petitioner was confined...


Court: Delhi High Court
Date: Jun 28, 2017 Cited By: 0
9

...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...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...


Court: Patna High Court
Date: Jul 31, 2007 Cited By: 0 Coram: 2
10

...@ Thiruttu Saravanan son of Nagarajan lodged in Central Prison, Puzhal, Chennai, confined in solitary confinement before this Court thereby directing the respondent not to confine him in solitary...criminal case and he is kept in solitary confinement, which would be infringement of his fundamental rights enshrined under the Constitution of India. Under such circumstances, it is a fit case to issue...in solitary confinement cannot be accepted. The habeas corpus petition stands disposed of accordingly....


Court: Madras High Court
Date: Aug 9, 2010 Cited By: 0 Coram: 2
11

...years rigorous imprisonment. The Magistrate has further directed that out of that period, one month should be passed in solitary confinement.This is a simple case of theft. P.W 1, a...justice.As regards the sentence relating to solitary confinement, the attention of the Magistrate is invited to my judgment in Criminal Appeal No. 114 of 19471. As pointed out in that...judgment, although the imposition of the sentence of solitary confinement was legal, under the Larceny Act of 1861 (24 and 25 Vict. Chapter 96) the power was very rarely...


Court: Madras High Court
Date: Mar 18, 1947 Cited By: 2 Coram: 1
12

.... Confinement inside a prison does not necessarily import cellular isolation. Segregation of one person all alone in a single cell is solitary confinement. That is a separate punishment which the court...does not empower the jail authorities in the garb of confining a prisoner under sentence of death, in a cell apart from all other prisoners, to impose solitary confinement on him. Even jail discipline...State of Haryana before the High Court, it is admitted that the respondent has remained in solitary confinement for a period of 18 years, and has undergone imprisonment for a total period of more than...


Court: Supreme Court Of India
Date: Apr 24, 2019 Cited By: 3 Coram: 3
13

...Constitution they challenged the legality of their confinement in solitary cells with iron-bar fetters.2. The case set up by the petitioners is that they are being prosecuted under...are also allowed to have their meals together along with another prisoner who is confined to solitary cell. In justification of the action taken against the petitioners it is stated that they belong...Soni managed to be released on bail, jumped the bail and remained untraceable for a long time. It is asserted that for security reasons the petitioners are confined in solitary cell with fetters...


Court: Allahabad High Court
Date: Oct 18, 1982 Cited By: 24 Coram: 2
14

....20. The question about solitary confinement or keeping the condemned prisoner alone under strict guard as provided in various jail manuals was considered by this Court in Sunil Batra v.... Delhi Admn. (1978) 4 SCC 494, (1979) 1 SCR 392 and considering the question of solitary confinement it was observed: “In...solitary confinement on him. Even jail discipline inhibits solitary confinement as a measure of jail punishment. It completely negatives any suggestion that because a prisoner is under sentence of death...


Court: Supreme Court Of India
Date: Feb 7, 1989 Cited By: 201 Coram: 5
15

...invited to various documents including the Prison Manual in support of the submission that, as the petitioner was segregated and kept in a separate Cell, that would amount to solitary confinement, in terms...and the imprisonment in the Cell in “Andheri Block” can certainly be said to be “Solitary confinement” as described in Sunil Batra v. Delhi Administration...Solitary Confinement, it has been submitted:—“31. The Petitioner submits that he was kept in single cell from 2006 to 2016 in a block called the Andheri Block. During...


Court: Supreme Court Of India
Date: Nov 4, 2022 Cited By: 11 Coram: 2
16

...’ cell without heeding the rule in Batra case (1979) 1 SCR 392, (1978) 4 SCC 494 regarding impost of punitive solitary confinement. We cannot agree...liberty even within the secrecy of the hidden cell. Blackstone called it ‘the great and efficacious writ in all manner of illegal confinement’ and Lord Denman proclaimed in 1839 that it had been “for ages...Chand, was kept in a “punishment cell” which, according to counsel for the Administration, was not as bad as a solitary cell, although Dr Chitale says that this was similar to the type of insulated...


Court: Supreme Court Of India
Date: Dec 20, 1979 Cited By: 602 Coram: 3
17

...submissions, Dr. Yug Mohit Chaudhry, learned advocate, has stressed the point that the petitioner was kept in solitary confinement right from the decision of the Sessions Court awarding him death sentence. Our...attention is invited to various documents including the Prison Manual in support of the submission that, as the petitioner was segregated and kept in a separate Cell, that would amount to solitary...confinement, in terms of the law laid down in Sunil Batra v. Delhi Administration (1978) 4 SCC 4943. The...


Court: Supreme Court Of India
Date: Apr 21, 2022 Cited By: 4 Coram: 3
18

...security cell along with other under trial prisoners but he was never kept in solitary confinement at any point of time and he was kept along with other under trial prisoners in Aurangabad Central...confinement and directing the second respondent to release the petitioner from solitary confinement and transfer him to Nashik Central Prison on the ground that purely out of malice the petitioner was put in...the solitary confinement in Aurangabad Central Prison.3. Mr. R.V Gaikawad, Senior Jailor, attached to Aurangabad Central Prison, Dist. Aurangabad has filed sworn return contending inter...


Court: Bombay High Court
Date: Dec 23, 1998 Cited By: 0 Coram: 2
19

...representation dated 10.05.2025 and transfer from solitary confinement to ordinary cell, for the detenu Musthafa, son of Mahaboob Basha, aged about 34 years, (PID 452122) detained at Central Prison, Puzhal.... 2. The prayer in the writ petition is for transferring the petitioner's husband from solitary confinement to ordinary cell. 3. When the matter was taken...is not kept in solitary confinement or in punishment cell. He is in fact lodged in 22ndcell of 11thblock along with (1) PID - 104217 Rajasekar S/o. Ramesh, (2) PID - 275885...


Court: Madras High Court
Date: May 15, 2025 Cited By: 0 Coram: 1
20

...solitary confinement, quite contrary to our ruling in Sunil Batra v. Delhi Administration (1978) 4 SCC 494, AIR 1978 SC 1675, (1979) 1 SCR 392...solitary confinement, is a gross violation of the Fundamental Right guaranteed by Article 21 of the Constitution. Let us examine his claim. First, let us get rid of the cobwebs of prejudice.... while dealing with the question whether solitary confinement could be inflicted on a person awaiting death sentence, observed: [SCC para 52, pp. 518-19: SCC (Cri) pp. 179-80]“True...


Court: Supreme Court Of India
Date: Feb 16, 1983 Cited By: 185 Coram: 2

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