Wednesday, May 18 2005 22:04 Hrs (IST) - World Time -

Pune: The prime accused in multi-crore fake stamp paper racket, Abdul Karim Telgi today (May 18, 2005) made an application to Chief Justice of Bombay High Court that he was a patient of HIV/AIDS, which is in its last stages, and was illegally being kept in solitary confinement at Yerawada Central Prison Pune in contravention of the Supreme Court ruling on the matter.

In an application, seeking that it be treated as a writ petition, Telgi said, he was kept in the 'anda cell' which was both illegal and against his fundamental rights.

"The Supreme Court too had held that even a condemned person, sentenced to death cannot be held in a cellular, separate or solitary confinement. I am reproducing herewith some of the observations made by the Honourable five judges of the Supreme Court in the matter of Sunil Batra and Charles Sobhraj reported in AIR 1978," the application said.

The apex court has said that the sub-section (2) of the section 30 of the Prisoners Act does not empower the jail authorities, in the garb of confining a prisoner under sentence of death in a cell apart from all other prisoners to impose solitary confinement on him, he said.

Further quoting the Supreme Court ruling, he said, "the personal liberty of the person, who is jailed is to a great extent curtailed by punitive detention. If in preventive detention the liberty to move, mix, mingle, talk, share company with co-prisoners is curtailed, then it is violative of Article 21 of the Constitution, unless it has the backing of the law", he added.

Telgi's application further said, "My life is like bubbles on the water and any day it will burst. I am suffering from HIV/AIDs which is in the last stage. My current CD-4 count is very low. I have been tested HIV/AIDS CD four on April 5, 2005 in the Sassoon General Hospital and NARI, Pune. The report is very serious. My CD-4 counts are only 272 when the minimum required is 800-1200. My blood sugar level as per the medical report of the Sassoon General Hospital, Pune is 450 to 500, while the minimum required is 80-120."

"I have become very weak and at the lowest capacity of the immune system. I am unable to fight against ailments from common cold to cancer and I require regular medical check-ups, consultations, diagnosis and follow up treatment from qualified and specialist doctors," he added.

"Therefore please direct the superintendent of Yerawada Central Prison to remove me from solitary confinement and keep me in Suraksha-II where my brother, nephews and other co-accused are lodged; allow me to move, mix, mingle, talk, share company with co-prisoners including my advocate Abdul Rasheed Kulkarni and provide me proper medical treatment through check-up, consultations at the Government or private hospitals," Telgi added in the application.