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august 1978

Supreme Court of India · 1978-08-30

SUNIL BATRA ETC. vs DELHI ADMINISTRATION AND ORS. ETC.

Citation / case number
SC 1977/61603
Court
Supreme Court of India
Petitioner
SUNIL BATRA ETC.
Respondent
DELHI ADMINISTRATION AND ORS. ETC.
Bench
CHANDRACHUD, Y.V. (CJ),KRISHNAIYER, V.R.,FAZALALI, SYED MURTAZA,SHINGAL, P.N.,DESAI, D.A.

Judgment text excerpt

The Supreme Court held that Section 30(2) of the Prisons Act, 1894 does not authorize solitary confinement for prisoners under sentence of death, emphasizing that convicts retain fundamental rights, including those under Articles 14 and 21 of the Constitution. The Court ruled that the imposition of solitary confinement is not a permissible measure of jail punishment and that the arbitrary powers granted under Section 56 of the Prisons Act are unconstitutional. The petitions challenging these provisions were dismissed, affirming the need for humane treatment of prisoners.

SUNIL BATRA ETC. vs DELHI ADMINISTRATION AND ORS. ETC. · Niyam