KISHOR SINGH RAVINDER DEV ETC. versus STATE OF RAJASTHAN

KISHOR SINGH RAVINDER DEV ETC. versus STATE OF RAJASTHAN

Solitary confinement and fettering of prisoners, as punishment for acts such as insolence or loitering, without observance of natural justice and opportunity of being heard, violates Article 21 and is unconstitutional, unless justified under exceptional circumstances and with proper procedural safeguards as laid down by the Supreme Court. Section 46 of the Prisons Act and the relevant Rajasthan Prison Rules are valid only if read subject to these constitutional requirements and judicial directions.

Parties
Petitioner: Kishor Singh Ravinder Dev and others; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
04 November 1980
Procedural Posture
Writ Petition (habeas Corpus) Under Article 32 of the Constitution / Final Decision
Outcome
Petition allowed
Legal Topics
Prisoners' Rights, Solitary Confinement, Fetters and Handcuffs, Natural Justice, Article 21 of the Constitution, Prison Rules
Constitutional Law Criminal Law Prison Administration Prisoners' Rights Solitary Confinement Fetters and Handcuffs Natural Justice Article 21 of the Constitution +1 more

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Parties

Kishor Singh Ravinder Dev and others

Petitioner

State of Rajasthan

Respondent

Procedural Posture

Writ Petition (habeas Corpus) Under Article 32 of the Constitution / Final Decision

Legal Issues

  1. 1 Whether keeping prisoners in solitary confinement and in fetters for extended periods is lawful and compatible with Article 21 of the Constitution and natural justice.
  2. 2 Whether the prisoners were given an opportunity of being heard before the imposition of punishment.

Ratio Decidendi

Solitary confinement and fettering of prisoners, as punishment for acts such as insolence or loitering, without observance of natural justice and opportunity of being heard, violates Article 21 and is unconstitutional, unless justified under exceptional circumstances and with proper procedural safeguards as laid down by the Supreme Court. Section 46 of the Prisons Act and the relevant Rajasthan Prison Rules are valid only if read subject to these constitutional requirements and judicial directions.

Court Disposition

Petition allowed

Orders

  • Prisoners to be released from solitary confinement and fetters forthwith, in accordance with the law laid down in Sunil Batra.
  • Prison authorities and Sessions Judges in Rajasthan are directed to follow the rulings of the Supreme Court in Sunil Batra I & II and Rakesh Kaushik concerning punishment and treatment of prisoners.