Justice B Vijaysen Reddy of the Telangana High Court directed the jail authorities to relocate Bairi Naresh, who was detained and lodged in Cherlapally jail for making disparaging comments about Lord Ayyappa, to other barracks as he claims that he was being mistreated in the jail. The petitioner, Naresh’s wife G Sujatha, claimed that Naresh was placed in solitary confinement and that his health too was deteriorating.
The government pleader (Jails) said he had checked with the jail officials and found that there is no ill-treatment. In fact, the system of solitary confinement was abolished a long time ago. After tests, his health was judged to be normal. He is separated from the other detainees because he faces a threat to his life. The judge directed the petitioner’s counsel to visit to prison to check facts and scheduled the case for the next week.
The petitioner urged the court to order the DGP to take action against the Superintendent of Central Prison, Cherlapalli for illegally punishing and violating the limits under Section 74 of the IPC and Chapter 42 of the Prison Rules, in order to carry out justice and avoid unjust treatment of the under-trial prisoner, as well as award adequate compensation and costs.
Furthermore, the petitioner sought the court to instruct the Superintendent of Cherlapally Central Prison to immediately transfer Naresh from the current Solitary Confinement Punishment Cell to any other UT Prisoners Ward awaiting disposition of the writ petition. Justice Vijaysen Reddy asked the Government Pleader why he saw a UT prisoner in solitary confinement.
In response, the pleader stated that about three to four days ago, Naresh was permitted to come out during the day. Petitioner Counsel D Suresh Kumar said this declaration is a self-admission of the fact that he has been in solitary confinement for the last two weeks. In the absence of any order or authority, Cherlapally’s jail superintendent unlawfully confined him in a single cell.