Mohammad Shahabuddin moves Delhi High Court over 'torture' in Tihar Jail
Mohammad Shahabuddin moves Delhi High Court over 'torture' in Tihar Jail
Mohammad Shahabuddin, former RJD Member of Parliament has moved Delhi High Court against Tihar Jail authorities for keeping him in solitary confinement for the last one year in an attempt to deliberately torture him. According to his counsel, since the time he has been shifted to the Delhi jail from Siwan, he is being kept in a dingy cell with no source of natural light. The former RJD minister is facing trial for allegedly killing a scribe in Siwan. His wife and children had moved court seeking his transfer to Tihar from Siwan jail fearing threat to their lives and the trial. He has been asked to participate in the trial through video conferencing from Tihar. A habeas corpus plea was filed through his counsel Rudro Chatterjee, seeking direction to authorities to produce him before the court, and also sought appropriate orders for his safety. It has been claimed that the only source of light is an unusually bright electric lamp, attached to the ceiling of the cell that is lit round the clock which has made his vision weak. "He has been denied canteen and other facilities which have been allowed to other prisoners. Despite medical advice to the contrary, he is not being given nutritious food specially milk and eggs," said the petition. The counsel told the court that he has been permanently kept in solitary cell for the past one year, without having been taken out there from even once, other than for the few legal interviews with his advocates, which take place in the office room of the a senior jail official. "Such torturous treatment coupled with the impediment on the movement of the petitioner for the purposes of his production, is taking a heavy toll on his physical and mental health. He has lost more than 15 kg weight since his transfer to Tihar. He is being put through such physical and mental torture as a part of a deliberate design to inflict grave illnesses," the court was told. The plea said even otherwise, solitary confinement can only be for a maximum period of 14 days at a stretch after which the prisoner ought to be taken out of such confinement. "The total quantum of imprisonment to be spent in solitary confinement cannot exceed three months in all, under any provision of any law. In the present case, the petitioner has already been solitarily confined for more than one year, without even a judicial order to that effect. "Such a patently illegal and unconstitutional action cannot be permitted to continue and the petitioner ought to be forthwith taken out of solitary confinement," the plea said.