JUDGMENT

P. K. BALASUBRAMANYAN, C.J. — This writ petition is filed by a prisoner lodged in Central Jail, Berhampur. He has ap¬proached this Court complaining that he has been kept in solitary confinement and in fetters and that this violates his right to life under Article 21 of the Constitution of India. He submits that he is changing ; that he has met a spiritual adviser who used to visit the Central jail, Berhampur; that he is now writing down his thoughts and that he is in the process of reformation. Though approaches had been made to the National Human Rights Commission and to the Governor of Orissa to get the fetters placed on him removed, his condition has not changed, he being still kept in confinement in fetters. He prays that the authori¬ties may be directed to remove the fetters while keeping him in prison.

2. Meanwhile, a petition sent to the Chief Justice by the petitioner herein was also forwarded to this Court by the Senior Superintendent, Circle Jail, Berhampur (Welfare Services - Male Section). Therein also the petitioner has prayed for removal of the fetters. In his communication forwarding that petition, the Senior, Superintendent has stated that the petitioner, a life convict, was admitted to jail as an under-trial prisoner on 5.7.1996. He was convicted on 26.4.1997 to rigorous imprisonment for one year and one month under Section 411 of the Indian Penal Code. Subsequently, he was convicted in three other cases, in one he was awarded rigorous imprisonment for seven years, in the second, rigorous imprisonment for life for a conviction under Section 302 of the Indian Penal Code and in the third, rigorous imprisonment for one year and six months for a conviction under Section 224 of the Indian Penal Code. He has further reported that the petitioner had escaped from jail custody on the night of 17.10.1997 by breaking the cage-latrine attached to the Ward wherein he was confined. The petitioner was involved in as many as 40 cases in the districts of Ganjam and Koraput including heinous crimes like murder, dacoity and burglary. He has furnished the details of 21 cases against the petitioners which had been disposed of by the various Courts and a further list of 19 cases, which are pending in different’s Courts. He has also brought to the notice of this Court that the petitioner was being kept in solitary confinement since he was ordered to be put in a separate cell considering his conduct and behavior, by the Judicial Magistrate, first class, Khallikote. A copy of the order dated 20.7.1998 passed by the Magistrate was also enclosed. He also produced the extract of an order dated 29.7.1999 passed by the Judicial Magistrate, first class, Kodala wherein the learned Magistrate after referring to the relevant decision of the Su¬preme Court, empowered by his order the jail authority” to impose link fetters” on the petitioner and another convict detained in the Circle Jail, Berhampur. The Superintendent has also forwarded a copy of the order of the Chief Judicial Magistrate -cum- As¬sistant Sessions Judge, Berhampur in S.C. No.7 of 1997 dated 19.7.2002, allowing the prayer of the prosecution to keep the petitioner in fetters in the larger interests of the society, after taking note of the guidelines set, by the Supreme Court. We may notice here that the existence of these orders are not dis¬closed and these facts are not referred to in the writ petition filed by the petitioner.

3. Learned counsel for the petitioner relied heavily on the decision of the Supreme Court in Sunil Batra v. Delhi Admin¬istration and others : AIR 1978 S.C. 1675 and read extensive passages from it. In that decision, the Supreme Court has clearly indicated that a prisoner has also got the fundamental right to a dignified living and that he cannot be solitarily confined indef¬initely, or kept in fetters, merely with reference to the powers available under the Prisons Act, the Indian Penal Code or the Jail Manual. In fact, their Lordships have indi