Mumbai: Observing that prison management and security as well as safety of inmates is a policy matter,the Bombay High Court on Wednesday dismissed a petition filed by alleged LeT operative Abu Jundal, seeking a direction to jail authorities to not keep him in solitary confinement.
Jundal, who was arrested in June last year for his alleged involvement in the 26/11 terror attack and the 2006 Aurangabad arms haul case, is presently lodged in the same cell where Pakistani terrorist Ajmal Kasab was lodged in the Arthur Road prison in central Mumbai.
Jundal petitioned the HC seeking to be transferred out of the cell and not be kept in solitary confinement.
"The applicant (Jundal) has been kept in solitary confinement since six months. Due to this, he is depressed and thus not able to think clearly. Like all undertrials, Jundal should also be kept in common barracks and allowed certain privileges," the petition states.
The Maharashtra government opposed the petition saying he was kept in solitary confinement due to security reasons.
A division bench of Justices S C Dharmadhikari and G S Patel accepted the government`s contention and dismissed the petition.
"Is it the right of the accused to say where he should be lodged? These are all policy matters. Some anxiety has been expressed and hence this decision has been taken to keep him in solitary confinement," the bench said.
It added that the security of prison and its inmates and its management are all policy matters and the jail authority is solely responsible for it. "Any measure taken by them (authorities) cannot be interfered with by this court," the court added.
Before the lower court, Jundal in his application had claimed that he was hallucinating about Kasab who was hanged to death.
The lower court had directed for a psychiatrist to check up Jundal. The jail authorities, however, said that Jundal was mentally sound following which the court rejected his application.Jundal then moved the High Court.
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.