In Sunil Batra vs Delhi Administration,(1) while dealing with the question as to whether a person awaiting death sentence can be kept in solitary confinement, Krishna Iyer J. said that though our Constitution did not have a "due process" clause as in the American Constitution, the same consequence ensued after the decisions in the Bank Nationalisation case(2) and Maneka Gandhi: "For what is punitively outrageous, scandalizingly unusual or cruel and rehabilitatively counter productive, is unarguably unreasonable and arbitrary and is shot down by Articles 14 and 19 and if inflicted with procedural unfairness, falls foul of Article 21." Desai J. observed in the same case that: "The word 'Law ' in the expression 'procedure established by law ' in Article 21 has been interpreted to mean in Maneka Gandhi 's case that the law must be right, just and fair, and not arbitrary, fanciful or oppressive.