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Court directed the Jail Authority to release Aftab for 8 hours a day with other prisoners, as he denied any threat perception during the daytime, however, during nighttime, he will be lodged in a solitary cell
The Delhi High Court, in the Shraddha Walkar murder case, has allowed accused Aftab Amin Poonawala to spend 8 hours during the day outside solitary confinement. Court noted that Aftab himself denied threat perception during the day and therefore directed the jail authorities to unlock him with other jail prisoners.
The bench of Justice Suresh Kumar Kait and Justice Girish Kathpaliaj held, “Since petitioner himself has denied the threat perception during day hours, therefore, we direct the Jail Authority concerned to unlock the petitioner for 8 hours in a day with other jail prisoners. Further directed that during night hours, the petitioner shall be lodged in a solitary cell”.
Aftab filed a habeas corpus petition seeking release from cellular confinement for 8 hours a day, similar to other prisoners while ensuring safety and security. The respondent, represented by Standing Counsel Sanjay Lao, provided a status report stating that the petitionerAftab is facing trial for certain offences and is currently lodged separately in a Special Security Ward of Central Jail No.4, Tihar, due to a past attack.
However, Advocate Akshay Bhandari appearing for Aftab argued that he should be allowed the same lockout duration as other inmates during the day and can be placed in a solitary cell at night for security. However, the Standing Counsel argued that Aftab could still be at risk during the day.
Court, after due consideration of facts and circumstances, directed the Jail Authority to release Aftab for 8 hours a day with other prisoners, as he had denied any threat perception during the daytime. However, during nighttime, Aftab will be lodged in a solitary cell, court ordered.
Case Title: Aaftab Amin Poonawala v State Govt Of NCT Of Delhi
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