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M. S. SONAK, R. N. LADDHA
Cyron Rodrigues – Appellant
Versus
Superintendent Of Central Jail Colvale – Respondent
JUDGMENT
M.S. Sonak, J. - Heard Mr. T. George John, learned counsel for the Petitioner, and Mr. S. G. Bhobe learned Public Prosecutor for the State.
2. Rule. Rule made returnable with the consent and at the request of the learned counsel for the parties.
3. The Petitioner, who is presently serving his sentence at the Central Jail, Colvale, Bardez Goa, pursuant to his conviction for the offenses punishable under Sections 302, 365, 394, 201 read with 120B of IPC, seeks an appropriate writ to quash the order dated 20.04.2022, which he styles an order for his solitary confinement.
4. Mr. T. George John submits that the imposition of solitary confinement punishment is violative of the Goa Prisons Rules, 2021 (the said Rules) and Article 21 of the Constitution of India. He submits that practically every rule was breached in issuing the impugned order and placing the Petitioner in solitary confinement. He relies on Kishore Singh Ravinder Dev and others Vs State of Rajasthan, 1981 SCC (Cri) 191 and Sunil Batra (II) Vs Delhi Administration, 1980 SCC (Cri) 777 in support of his contentions.
5. Mr. T. George John submits that though the period in the impugned order was ultimately curtailed and the
The central legal point established in the judgment is the importance of compliance with prison rules and the principles of natural justice in imposing punishment on prisoners, emphasizing the detrim....
The petitioners' confinement in a single cell does not amount to solitary confinement, but rather "seclusion". The petitioners' right to meet their relatives and advocates is not being violated. The ....
The judgment establishes the principle that the rights of prisoners, including the legality of their confinement and denial of facilities, are protected under Article 21 of the Constitution, and the ....
A prisoner sentenced to death is not under sentence until the judgment is final; solitary confinement conditions must adhere to constitutional rights, allowing normal interaction unless justified oth....
Death sentence – Undue long delay in execution of death sentence would entitle condemned prisoner to pray for commuting death sentence to that of life imprisonment.
The gravity and nature of the act are relevant in determining the necessity of detention under the Acts.
Prisoners retain fundamental rights to dignity and humane treatment despite incarceration, and restrictions on their exposure to outdoor activities must not violate these rights under the Constitutio....
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