KISHORE SINGH RAVINDER DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The moral of this case is poignant. So long as an iron curtain divides the law set by the Constitution and lit by the Supreme Court from the minions of the State, so long shall this Court's writ remain a mystic myth and harmless half-truth making law in the books and law-in-action distant neighbours. This shall not be.

(2.) The sombre scenario unfurled by this habeas corpus proceeding begins with a telegram (dated 3-10-1980) on behalf of the prisoners-the petitioners-to one of us, complaining, manu brevi, of insufferable, illegal solitary confinement punctuated by periods of iron fetters, a lot shared by two others with him in Jaipur Central Jail. This trauma-laden message read:

(3.) We must, even here, record our appreciation of Shri Parekh's the prisoners' cause coupled with painstaking presentation of the grievances they had. So too Shri B. D. Sharma's commitment to jail justice, beyond jailor's injustice i. e. his clients brief. In retrospect, we feel it was right that we took action to liberate the three prisoners their callously lonely barbarously fettered solitary custody. Justice must be instant and it has been wisely said: