The plea was filed by ‘Authorized Attorneys and Barristers Regulation Agency.’
New Delhi:
The Supreme Court docket on Monday refused to entertain a PIL looking for instructions to Parliament to repeal the penal legislation provisions enabling the jail authorities to maintain prisoners in solitary confinement.
“How can we direct Parliament to repeal a provision?” a bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra questioned.
The bench mentioned a petition can query alleged discrimination and violations of elementary rights of prisoners however lawmakers can’t be directed to repeal legal guidelines.
“We additionally put aside legal guidelines. Nevertheless it must be primarily based on pleadings,” the bench mentioned and suggested the petitioner to file a greater plea on the difficulty.
Solitary confinement is a type of punishment for violating jail guidelines or instructions the place a prisoner is stored in isolation from any human contact apart from jail employees.
Sections 73 (solitary confinement) and 74 (restrict of solitary confinement) of the IPC together with part 29 of the Prisons Act cope with the foundations relating to such punishment, which is contingent upon the quantum of sentence, not exceeding three months on the entire and over 14 days at a stretch.
The PIL was filed by ‘Authorized Attorneys and Barristers Regulation Agency.’
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