Introduction:

In the case of AAFTAB AMIN POONAWALA v. STATE GOVT OF NCT OF DELHI, the Delhi High Court addressed the habeas corpus plea of Aaftab Poonawala, who alleged being kept in solitary confinement in Tihar jail since May last year. The court examined the balance between security concerns and the rights of the accused, emphasizing adherence to legal standards and human rights principles.

Arguments of Both Sides:

Poonawala’s counsel argued that his client’s solitary confinement violated the Supreme Court’s judgment in the Sunil Batra case, as no jail offense was committed. They emphasized Poonawala’s virtually zero human interaction and requested modification of his confinement to allow for socialization during the day. Conversely, the jail authorities highlighted security threats and measures taken to ensure Poonawala’s safety, including round-the-clock supervision by a DSP.

Court’s Judgment:

The Delhi High Court, comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia, directed the Tihar jail authorities to modify Poonawala’s confinement. While acknowledging security concerns, the court balanced them with Poonawala’s rights by ordering him to be unlocked for 8 hours during the day, similar to other inmates, and lodged in a solitary cell at night. This decision aimed to uphold legal standards while addressing security considerations.