Areeb seeks relief from solitary confinement

As Areeb was produced in the court at 12.30 pm, special judge A L Pansare told Areeb, “Acha kaam karo. Aisa nahin bol raha hoon ke galat kaam kar rahe ho, but jo padhne main aa rahe hai… (Do good. I am not saying that you doing anything wrong but the things one reads…)”

On December 19, a special court had directed the jail authorities to not keep him in solitary confinement, according to Areeb’s application. “Only a death convict is kept in solitary confinement,” his lawyer Wahab Khan pleaded with the court.

Calling it a “self-made law of prison officials”, Areeb’s application said that “although there are other prisoners in the same circle, all of them are allowed to roam in the open in sunlight” but “for the accused (Areeb) prison authorities are discriminating”. The application said the solitary nature of his custody “is likely to affect the mental faculty of the accused (Areeb) if continued for a long period of time”.

Speaking for the first time in an open court, Areeb, who was flown from Instanbul under NIA escort on November 28, told judge Pansare, “Sir, actually baat karna bhi allowed nahin hai kisi se (I am not allowed to speak with anyone), books share nahin kar saktha hun (cannot share books). No one is allowed to talk to me. I requested the authorities to roam around for only two hours in the day, only in the circle or in the corridor at least. They said no. They said NIA has asked them not to.” He said, “After 10 days they allowed me to take a Quran from another person.”

In his application, Areeb also sought contempt of court proceedings against the Superintendent of the Arthur Road prison for keeping him in solitary confinement. The court directed the Superintendent to file a reply. The judge, however, pointed out to Khan that undertrials like Abu Jundal are also kept in solitary confinement.

Raising the objection further, Khan said that “the solitary confinement appears to be pre-trial conviction imposed upon Areeb without any authority of law by the prison authority”. Pleading Areeb’s innocence and his will to return home and society, Khan told the judge, “He has come back. He is cooperating with the judiciary. He wants to face the trial. He has not complained to his father. He claims innocence. There should be humanity in the way he is being treated.”

Later, Areeb, whose remand was extended until January 14, was allowed by the court to meet three of his family members in the presence of escorts.