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SABYASACHI BHATTACHARYYA
Bishal Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioners are under-trial prisoners in custody for over three years in connection with different offences, being co-accused in a trial before the Additional Sessions Judge, Fast Track Court (1st), Hooghly on charges of kidnapping and murder and are being held in the Chinsurah District Correctional Home at Hooghly. A number of other criminal cases are also pending against them in other Districts of the State of West Bengal, particularly in South 24-Parganas. The grievances of the petitioners are the conditions of their incarceration. First, the petitioners are being confined together in a single cell, allegedly under unfavourable conditions which according to the petitioners are prejudicial to their human rights recognized by the Constitution of India, the prevalent prison laws of India and other national and international instruments. Secondly, the petitioners allege that they are regularly restricted from meeting their relatives and advocates. Thirdly, the petitioners are not given proper medical attention.
2. It is alleged that despite several requests, the living conditions of the petitioners are not being improved in any manner by t
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 ....
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....
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....
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....
Point of Law : Removal and discharge of prisoners - There is no doubt that fundamental right of an under-trial prisoner under Article 21 of Constitution is not absolute. His rights of visitations as ....
Prisoners, regardless of their status, have an inherent right to life and humane treatment, including access to necessary medical care.
Prisoners are entitled to basic human rights, including dignity and education, which must be upheld by prison authorities as per constitutional guarantees.
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