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2022 Supreme(Telangana) 783

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LALITHA KANNEGANTI, J.
Trisha Chandran – Petitioner
Versus
The Superintendent, Cherlapally Central Prison and Another – Respondents
Writ Petition No. 17840 of 2022
Decided On : 19-04-2022

Advocates:
Advocate Appeared:
For the Petitioner: K. Manoj Reddy.

Headnote:

Indian Penal Code,1860 - Sections 449, 328, 380, 404, 302 - Protection of Children from Sexual Offences Act, 2012 - Section 5 – Criminal Procedure Code,1973 - Section 366 - Prisoners Act - Section 30 – Offence of Murder - House-trespass in order to commit offence punishable with death – Held, right to live with human dignity is a right guaranteed under Constitution of India to all its citizens and it will also apply to prisoners - Prisoners should be provided with such an environment whereby they will evolve as a better citizen - This kind of treatment by keeping them in solitary confinement will have a very bad effect on psychological aspect which deprives prisoner all his personal rights - Action of respondents in confining death convicts in separate cells is most unwarranted and respondents shall remove from solitary confinement and shall permit their movement within jail by treating them equally with other prisoners in prison - They shall be provided access to all facilities like other prisoners - Writ Petition allowed

ORDER :

1. This Writ Petition is filed seeking a direction to the respondents to immediately remove Sanjay Kumar and Marri Srinivas Reddy currently lodged at Cherlapally Central Prison from solitary confinement and permit their movement within jail and communication with other prisoners. The petitioner requests the respondents to ensure that Sanjay Kumar and Marri Srinivas Reddy currently lodged in Cherlapally Central Prison are treated equally with the other prisoners in Cherlapally Central Prison and are provided access to all facilities available to other prisoners including television, newspaper, work, library and access to outdoor and common spaces.

2. Sri P. Vivek Reddy, learned Senior Counsel appearing on behalf of the learned counsel for the petitioner Sri K. Manoj Reddy submits hat the petitioner is an advocate working with Project 39A which is a criminal justice initiative based in National Law University, Delhi who provide pro bono legal representation before the Supreme Court and various High Courts to prisoners sentenced to death. It is stated that this Writ Piton is filed representing two death row prisoners lodged in Cherlapally Central Jail (1) Sanjay Kumar, S/o Pavan Ram and (2) Marri Srinivas Reddy, S/o Bal Marri Reddy. It is stated that Sanjay Kumar was sentenced to death on 28.10.2020 by the I Additional Sessions Judge, Warangal in S.C. No. 107 of 2020 for the offences under Sections 449, 328, 380, 404, 302 IPC and confirmation proceedings i.e. RT 2 of 2021 and Criminal Appeal No. 143 of 2021 against the conviction and death sentence are pending before the High Court. It is submitted that Marri Srinivas Reddy was sentenced to death on 06.02.2020 by the Additional District and Sessions Judge, Nalgonda in S.C. No. 109 of 2020 and S.C. No. 110 of 2020 for the offences under Sections 366, 376(3), 376-A, 302, 201 IPC and Section 5 of the Protection of Children from Sexual Offences Act, 2012 and confirmation Proceedings RT 2 of 2020 and RT 3 of 2020 and Criminal Appeals No. 248 and 249 of 2020 are pending before the High Court. Learned Senior Counsel submits that the persons were confined in a solitary ward and they have been segregated from the other prisoners on the ground of death sentence imposed on them. Now they are lodged in individual cells which have only one window without any ventilation. They were instructed to collect the meals and eat them alone inside their respective cells which in turn bar them from interacting with other prisoners. It is submitted that they are denied access to all common areas in the prison, including library and television viewing area which they had access to before. Further, they are under constant surveillance as the prison guards check on them every 20-30 minutes making it difficult for them to undertake routine activities. It is submitted that Marri Srinivas Reddy also informed the petitioner that he is only provided a small place inside the cell and a wash room and he is not allowed to use the sanitization facilities used by the other prisoners. His cell is isolated due to which he is unable to see or talk to any other prisoners. These restrictions and the segregation imposed on him has caused irrevocable harm to both their physical and mental health and they are not allowed to leave their cell throughout the day barring one hour in the morning and evening when they are allowed to walk outside. Earlier, they were permitted to move around within the confines of the prison during the day and also allowed to work at the garment department within Cherlapally Central Prison and now the authorities are removing all the amenities such as access to common sanitation facilities, television and newspapers. Four other prisoners on death row are also being similarly kept in isolated cells, segregated and prohibited from communicating with the rest of the prison population. It is submitted that pursuant to the video mulaqat, an e-mail was addressed to the Superintendent of Cherlapally

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