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 Constitution.

Judgment

Mr. Vinod S. Bhardwaj, J (Oral):- “It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”

— Nelson Rolihlahla Mandela

1. The Constitution of India mandates equality before the law and equal protection of laws for every individual within the nation, a principle that extends to prisoners as well, who possesses certain guaranteed rights and must be treated with respect. The judiciary in India, including the esteemed Supreme Court, has time and again acknowledged and underscored the essential rights of prisoners. The Apex Court in Re- Inhumane Conditions in 1382 Prisoners dated 05.02.2016, W.P. (C) No. 406 of 2013 has explicitly stated that, "there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy."

2. Justice Krishna Iyer in the case of Sunil Batra (II) vs. Delhi Administration, 1980 (3) SCC 488, hereinafter referred to as “Sunil Batra (II)” has eloquently expressed the similar view by following the excerpt from Sir Winston Churchill's speech, it was astutely observed:

"Truly, this is a perspective-setter and this is also the import of the Preamble and Article 21 as we will presently see. We are satisfied that protection of the prisoner within his rights is part of the office of Article 32."

3. Under comparable and regrettable circumstances, the present case has been brought before this Court challenging the order dated 23.12.2020 passed by the office of Additional Director General of Police (Jails), Punjab, Chandigarh, to the extent that the prisoners lodged in high security zone has been ordered to be released in the open atmosphere only for two hours i.e. for one hour in the morning and for one hour in the evening.

4. In the reply filed by the respondents, a reference has been made to the antecedents of the petitioner stating that the petitioner is categorized as a notorious/dangerous prisoner and that after the escape of high risk prisoners from High Security Jail, Nabha in 2016, specific orders have been made for the safety and security of said prisoners as per Section 329 (1) of the PUNJAB JAIL MANUAL , 1996.

5. Learned counsel for respondent-State has been confronted with the fact that the order in question has not been passed against a specific prisoner and in relation to the threat extended to such prisoner, rather, the same has been passed for general application against all inmates lodged in High Security Zone.

6. State counsel also could not respond as to under what circumstances the Additional Director General of Police (Jails), Punjab, Chandigarh, could confine the inmates and to allow them excess to open sky only for two hours in a day by passing such an order. The mere apprehensions cannot be construed as laying down foundation for denial of the basic right and amenities included the light and air.

7. I have heard the respective parties and have gone through the documents appended along with the present petition with the help of their able assistance.

8. Before proceeding further, it is imperative to extract the pertinent legislative provisions that relates to the matter in hand.

The Prisons Act, 1894

“The Prisons Act, of 1894 is the first legislation regarding prison regulation in India. The provisions of the Prisons Act, 1894 contain the provisions for the welfare and protection of prisoners.

Under this Act, the prisoners (both convicts and under trials) have various rights.

Chapter V

Discipline of Prisoners

Section 27. Separation of prisoners -

The requisitions of this Act with respect to the separation of prisoners are as follows:-

(1) in a prison containing female as well as male prisoners, the