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1983 DIGILAW 51 (RAJ)

Anil Panjwani v. State of Rajasthan

1983-02-02

G.M.LODHA

body1983
JUDGMENT 1. - Anil Panjwani, a convict, has argued his application, in person. According to him, the orders passed by this Court in S.B. Cr. Misc. Petition No. 109/1982 (Anil Panjwani v. State of Rajasthan ) have been wrongly placed by the office in S.B. Cr. Misc. Petition No. 108/1982 and, that has created a confusion. 2. Shri Panjwani then argued that in the report of Shri Prabhatilal, Inspector, Sub-Jail, Head Quarter Prisons, Jaipur, dated the 17th August, 1982, it had been clearly mentioned that in spite of his efforts for about five days, the prisoner's attendance register of Kothari was not made available to him and, therefore, it is not possible to say that, whether Shri Panjwani was kept in a Kothari in Central Jail, Jaipur for the period commencing from 20th April, 1980 to 25th April, 1980 or, not. Shri Panjwani submitted that is a case of deliberate destruction of facts and circumstances evidence because orally he complained that he was beaten on 25th April, 1980 by one Gulab and others and, this was witnessed by Kishore Singh and Daulat Singh. Since the attendance register of prisoners' cell has either been destroyed or made to disappear, it means that the jail authorities or concerned officials have acted in neglect of duty and utter disregard of duty and, therefore, serious action should be taken against them. 3. Shri M.I. Khan, the learned Government Advocate-cum-Public Prosecutor, appealing on behalf of the State of Rajasthan, has submitted that Shri Panjwani in the habit of producing repeatedly such applications and complaints one after another, before this Court. and the prayer of Shri Panjwani for deciding his grievances made in the complaints and applications has already been finally decided in S.B. Cr. Misc. Petition No. 108/1982, wherein one of the Judges of this Court on 30th September,1982 has observed that no order is required to be passed on the judicial side on the papers and the papers should be put up before the Chief Justice for passing orders on the administrative side, On 13th October, 1982, the Chief Justice has passed an order that nothing is required to be done on the administrative side. Shri Khan submitted that in view of this, no action is necessary now. 4. Having considered the respective submissions made by the learned counsel for the respondent and Shri Panjwani, the applicant. Shri Khan submitted that in view of this, no action is necessary now. 4. Having considered the respective submissions made by the learned counsel for the respondent and Shri Panjwani, the applicant. I feel that there has been confusion in dealing with these two cases. Undoubtedly, an order dated the 26th April, 1980 by one of the Judges of this Court was passed for making an inquiry into the allegation of beating given is jail to the applicant - accused-prisoner. In that inquiry, one of informations required to be considered, relates to the incident of beating committed on 25th April, 1980 and his complaint where Shri Panjwani alleged that he was beaten by one Gulab and, Kishore Singh s/o Shivpalsingh and Sri Daulat Singh had witnessed this incident of beating and, he was kept in humiliation and in human barbaric, uncultured, rough & rude manner in the Jail cell, itself. From the report of Shri Prabhatilal, Inspector jails, Jaipur, it appears that in spite of the efforts for about five days, the attendance cell register of prisoners was not shown to him and was not made available to him. 5. Shri Khan read before me the report of the Deputy Inspector General of Police to show that after the report of Shri Prabhatilal Inspector Prisons, Jaipur, the Deputy Inspector General of Police (Prisons) had made further inquiry and had come to the conclusion that no beating was given on 25th April, 1980 and Shri Punjawani was kept in cell No. 33. 6. I find force in the complaint of Shri Punjwani, the applicant-prisoner that in the absence of production of attendance register of cell commencing the period from 20th April, 1980 to 25th April, 1980 and no examination of Shri Kishore Singh and Daulat Singh who were mentioned as eye witnesses to the beating alleged to have been given by Gulab and others to the accused applicant Panjwani, the inquiry conducted by the Deputy Inspector General of Police (Prisons) fails to inspire any confidence. 7. In view of the above observations, it is, therefore, ordered that the Chief Judicial Magistrate, Jaipur should make an inquiry in the complaint made by Shri Panjwani, the applicant, wherein he alleged that he was beaten by one Gulab and others in the Central Jail Jaipur on 25th April, 1980 in the presence of Kishor Singh and Daulat Singh. 7. In view of the above observations, it is, therefore, ordered that the Chief Judicial Magistrate, Jaipur should make an inquiry in the complaint made by Shri Panjwani, the applicant, wherein he alleged that he was beaten by one Gulab and others in the Central Jail Jaipur on 25th April, 1980 in the presence of Kishor Singh and Daulat Singh. The Chief Judicial Magistrate should further inquire into the matter, as to who is responsible for the disappearance of the prisoners' attendance register of cell commencing the period from 20th April. 1980 to 25th April, 1980, of Central Jail, Jaipur. The report of the inquiry should be placed before this Court in S.B. Cr. Misc. Petition No. 109/82 within a period of these months from today. 8. The Jail Authorities, concerned, should produce all the record before the Chief Judicial Magistrate and also give and furnish the addresses of Shri Kishore Singh s/o Shivpalsingh and Daulat Singh who were in the cells during this period from 20th to 25th April, 1980, so that can be summoned for evidence. Shri Panjwani, the applicant, would be free to request the Chief Judicial Magistrate to examine any other evidence to prove his allegation made in the complaint, mentioned above, and the Chief Judicial Magistrate would summon those witnesses if he thinks them relevant in the ierest of justice. A copy of this order, along with the relevant copies of the complaints made by by Shri Punjwani, the applicant, in his case, may be sent to the Chief Judicial Magistrate, Jaipur by the office forthwith. 9. This petition is decided as indicated above.Order accordingly. *******