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Punjab: HC quashes solitary confinement for death row inmates

| Sunday | 16th December, 2018

DIRECTING THE Punjab government to amend its Jail Manual rules, the Punjab and Haryana High Court has abolished a “practice” of keeping death row inmates in solitary confinement in jails. While death sentences of five accused in three cases have been commuted this year by the High Court, the only death sentence confirmed by the High Court in 2018 has been challenged before Supreme Court. AdvertisingThe judgments will benefit at least 28 people, who are on death row in two states of Punjab and Haryana since 2014. The State of Punjab is directed to modify the Punjab Jail Manual,” the division bench judgment released Saturday read. The decision comes a week after the High Court abolished a similar practice in Haryana jails.

DIRECTING THE Punjab government to amend its Jail Manual rules, the Punjab and Haryana High Court has abolished a “practice” of keeping death row inmates in solitary confinement in jails. The decision comes a week after the High Court abolished a similar practice in Haryana jails. Advertising The judgments will benefit at least 28 people, who are on death row in two states of Punjab and Haryana since 2014. The persons have been convicted for murder and rape in different cases. They have appealed against the trial court verdicts and are awaiting decision on the murder references. While death sentences of five accused in three cases have been commuted this year by the High Court, the only death sentence confirmed by the High Court in 2018 has been challenged before Supreme Court. The execution of the two convicts in that case is under stay subsequent to the pendency of their SLP in the SC. The division bench of Justices Rajiv Sharma and Gurvinder Singh Gill has passed the latest direction to Punjab government while commuting the death sentence of a rape accused to 20-year imprisonment sans any remission, while ruling that the matter does not fall within the ambit of “rarest of rare case”. Kala Ram alias Kala Singh in July 2018 was awarded death sentence by a Mansa court for rape and murder of a six-year-old. The case dates back to May 2016. Advertising The same bench had earlier abolished the practice in Haryana jails, but not passed any direct direction for amending the provisions related to the practice. Punjab Jail Manual is applicable in both the states. “The convict shall not be segregated/ isolated till the sentence of death has become final, conclusive and indefeasible, which cannot be annulled or voided by any judicial process. The period to keep a convict sentenced to death in segregation/ isolation should be for…2-3 days. The State of Punjab is directed to modify the Punjab Jail Manual,” the division bench judgment released Saturday read.

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