Kishore Singh v. State of Rajasthan, AIR 1981 SC 62

A) ABSTRACT / HEADNOTE

The case involves a habeas corpus petition filed on behalf of three prisoners who were kept in solitary confinement with cross-bar fetters for extended periods ranging from 8-11 months in Jaipur Central Jail on grounds like loitering, insolent behavior etc. The Court held that keeping prisoners in solitary confinement and putting fetters violates their fundamental rights under Article 21. Prison authorities cannot take such punitive actions without complying with principles of natural justice like giving the prisoners a hearing. Section 46 of Prisons Act and relevant prison rules allow solitary confinement and fetters but cannot be read absolutely. Rules have to be read down subject to constitutional protections and prisoners’ rights laid down in previous Supreme Court judgments. The case reiterates human rights of prisoners and disciplines prison authorities’ powers, subjecting their discretion to judicial review.

Keywords: Solitary confinement, prison authorities, cross-bar fetters, natural justice, human rights

B) CASE DETAILS

i) Judgement Cause Title: Kishor Singh Ravinder Dev Etc vs State Of Rajasthan

ii) Case Number: Writ Petition No. 5287 of 1980 (Under Article 32 of the Constitution)

iii) Judgement Date: 04/11/1980

iv) Court: Supreme Court of India

v) Quorum: V.R. Krishna Iyer, J and R.S. Pathak, J

vi) Author: V.R. Krishnaiyer

vii) Citation: 1981 AIR 625, 1981 SCR (1) 995

viii) Legal Provisions Involved: Article 21, Section 46 of Prisons Act 1894, Rule 79 and Rule 1(f) of Rajasthan Prison Rules 1951

C) INTRODUCTION AND BACKGROUND OF JUDGEMENT

The case originated from a telegram sent by three prisoners from Jaipur Central Jail to a Supreme Court judge complaining that they have been kept in solitary confinement with cross-bar fetters for over 8 months. This violated the Constitution and amounted to illegal detention. The Court treated it as a habeas corpus petition and passed immediate orders directing jail authorities to release them from solitary confinement. When produced before Court, one prisoner showed injuries caused by police escorts. Court passed strong remarks against police brutality and directed medical examination and filing of FIR. Thereafter, the Court examined legality of solitary confinement and fetters imposed by jail authorities.

D) FACTS OF THE CASE

Three prisoners kept in Jaipur Central Jail were imposed solitary confinement for extended periods ranging from 8 months to 11 months by the jail superintendent. One prisoner Kishore Singh was also put in cross-bar fetters for several days. The superintendent justified the punishments on grounds like the prisoners were loitering in jail, behaving insolently and tearing off history tickets. One prisoner sent a telegram to the Supreme Court judge complaining of illegal detention. Treating it as habeas corpus petition, the Court immediately ordered their release from solitary confinement. When produced in Court, one prisoner showed injuries caused by police escorts taking him from jail. Court directed medical examination and filing of FIR against concerned policemen.

E) LEGAL ISSUES RAISED

i) Whether solitary confinement and fetters imposed by prison authorities violated fundamental rights of prisoners under Article 21?

ii) Whether prison authorities can take punitive actions like solitary confinement without principles of natural justice like hearing the prisoners?

iii) Whether Section 46 of Prisons Act and relevant Prison Rules allow absolute discretion to authorities on solitary confinement and fetters?

iv) Whether Prison Rules and administration are subject to constitutional protections?

F) PETITIONER/ APPELLANT’S ARGUMENTS

The counsels for Petitioners submitted that:

  • Keeping prisoners in solitary confinement for 8-11 months and putting fetters violates their fundamental right to life and personal liberty under Article 21.
  • Such punitive actions cannot be taken by simply treating prisoners as non-persons at absolute mercy of prison authorities.
  • Natural justice principles like giving prisoners’ hearing before punishment has to be followed.
  • Section 46 of Prisons Act and Rules do not give unfettered discretion to impose solitary confinement and fetters. Rules have to be read down subject to constitutional rights of prisoners.

G) RESPONDENT’S ARGUMENTS

The counsels for Respondent submitted that:

  • Rules allow Superintendent discretion to take actions for prison security. He ensured all precautions were reasonably sufficient.
  • Superintendent heard the prisoners before punishing them under the Rules.
  • Separate cell confinement is different from solitary confinement. Rules do not put absolute bar.
  • In extreme cases for security concerns, fetters can be used subject to authorities’ discretion.

H) RELATED LEGAL PROVISIONS

i) Article 21 of Constitution of India protects right to life and personal liberty. As held in previous judgments, it applies to prisoners as well.

ii) Section 46 of Prisons Act 1894 allows Superintendent to impose solitary confinement and fetters as punishments.

iii) Rule 79 and Rule 1(f) of Rajasthan Prison Rules 1951 also provide for solitary confinement and fetters for security concerns and discipline.

I) JUDGEMENT

Ratio Decidendi:

i) Keeping prisoners in solitary confinement for long periods upto 11 months and putting bar fetters violates their fundamental rights under Article 21.

ii) Natural justice principles of fair hearing apply before imposing punishments within prison. There must be an appeal to higher judicial authority.

iii) Section 46 of Prisons Act and Rules allowing solitary confinement are subject to constitutional protections. They cannot be read in absolutist manner giving unlimited discretion to prison authorities.

iv) Sunil Batra judgment laid down rights of prisoners within jails. Later Rakesh Kaushik judgment gave binding directions for compliance. These Supreme Court rulings apply to all prisons nationally.

I) CONCLUSION & COMMENTS

The judgment is a strong reiteration of human rights of prisoners held in State custody. It disciplines the prison administration by restricting their punitive powers and discretion over prisoners. Solitary confinement and fetters cannot be imposed arbitrarily just based on authorities’ whims like prisoner loitering or tearing history ticket. Natural justice and constitutional protections apply within prison walls as well. Rulings enhance human dignity of prisoners and accountability of prison officials by subjecting them to judicial scrutiny. However, prisons still remain closed institutions and more transparency is needed.

J) REFERENCES

a) Important Cases Referred

i) Sunil Batra vs Delhi Administration, [1979] 1 SCR 392

ii) Sunil Batra vs Delhi Administration, [1980] 2 SCR 557

iii) Rakesh Kaushik vs B.L. Vig, [1980] 3 SCR 929

b) Important Statutes Referred

i) Constitution of India – Article 21

ii) Prisons Act 1894 – Section 46

iii) Rajasthan Prison Rules 1951 – Rule 79 and Rule 1(f)