Delhi HC Orders Tihar Jail to Grant Accused Aaftab Poonawala 8 Hours of Daily Freedom, Solitary Confinement at Night

Delhi HC Orders Tihar Jail to Grant Accused Aaftab Poonawala 8 Hours of Daily Freedom, Solitary Confinement at Night

On Friday, the Delhi High Court issued a directive to the Tihar jail authorities, instructing them to allow accused Aaftab Poonawala to be out of confinement for 8 hours during the day, similar to other prisoners. However, the court ordered that he be lodged in a solitary cell during the night.

This ruling came in response to a habeas corpus plea filed by Poonawala, with a division bench consisting of Justice Suresh Kumar Kait and Justice Girish Kathpalia presiding over the matter.

Poonawala's case revolved around his contention that he had been subjected to solitary confinement, only allowed out for a total of two hours per day (one hour in the morning and one in the evening), purportedly due to security concerns. His counsel argued that he had been in solitary confinement since May of the previous year, which contravenes the Supreme Court judgment in the Sunil Batra case.

It was argued that according to prison regulations, an inmate can be confined to solitary only if they have committed a jail offense. Poonawala's legal team asserted that he had not committed any such offense and that his level of human interaction had been virtually nonexistent.

According to the jail authorities, Poonawala was placed under comprehensive security and supervision due to an incident where he was attacked last year while being taken to court for his appearance. It was explained that considering the perceived threat to Poonawala and the significant public attention surrounding the case, a Deputy Superintendent of Police (DSP) has been assigned to him around the clock to ensure his security.

In March of last year, the trial court had instructed the jail authorities to guarantee the safety of Poonawala during his court appearances. Poonawala's counsel proposed that he be allowed to move freely during the day like other inmates but be confined to a solitary cell at night. However, Assistant Solicitor General (Criminal) Sanjay Lao countered by asserting that Poonawala could still be vulnerable to attacks during the daytime, according to the perceived threat level.

Despite the concerns raised, taking into account Poonawala's request, the court directed the jail authorities to permit him to be out for 8 hours during the day, adhering to the relevant regulations similar to other inmates. However, it ordered that he must be lodged in a solitary cell during the night.

In May of last year, charges were officially filed against Poonawala for the alleged murder of Shraddha Walkar and for tampering with evidence related to her disappearance. Poonawalla pleaded not guilty and opted for trial in the case. The accusation against Aaftab Poonawalla involves the purported killing of his live-in partner, Shraddha Walkar, in 2022. It is alleged that he dismembered her body into 35 pieces and disposed of them in multiple batches in forests located in Delhi.

Title: AAFTAB AMIN POONAWALA v. STATE GOVT OF NCT OF DELHI

 
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