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1983 DIGILAW 7 (PAT)

People's Union for Civil Liberties v. State of Bihar

1983-01-06

S.ALI AHMAD, S.N.JHA

body1983
By Court The petitioner, a Society known as People's Union for Civil Liberties filed this application drawing the attention of the Court to the alleged illegal and inhuman detention of Master Dome and Baban Mahto in Arrah District Jail. It is said that Master Dome was arrested some time in the year 1971 in connection with a case under section 396 read with section 412 of the Indian Penal Code and since then has been in jail except for a short period when he was on bail. Further it is stated that in jail this Master Dome contacted leprosy and inspite of treatment given to him his wounds have not healed and as a result of that he has been segregated and put in a cell. The petitioner says that this long detention without trial of the prisoner is violative of Article 21 of the Constitution. It is also said that even the under-trial prisoners are entitled to medical treatment which was not given to Master Dome. On these facts it is said that Master Dome should be directed to be released forthwith and the State should also be asked to pay some compensation to him. 2. So far as Baban Mahto is Concerned, he also was arrested in a case under section 395 of the Indian Penal Code sometime in the year 1979 and has been in jail since then. It is said that after the arrest Baban Mahto was brutally assaulted by the police and in that beating all the five fingers of his left hand were chopped off and he also sustained other injuries as a result of which he cannot properly stand without help. 3. This application came up for admission on 26.11.1982. On that day we called for a report from the Sessions Judge, Arrah. The Sessions Judge accordingly made an inspection of the jail and has submitted a report which is at flag 'X'. According to this report, the Sessions Judge had earlier also inspected the jail and had also talked to Master Dome. The report shows that when the Sessions Judge asked the Superintendent of Jail about Master Dome, he was told that he is in jail for the last 5 years which was incorrect. According to this report, the Sessions Judge had earlier also inspected the jail and had also talked to Master Dome. The report shows that when the Sessions Judge asked the Superintendent of Jail about Master Dome, he was told that he is in jail for the last 5 years which was incorrect. We must express our displeasure at the wrong information given by the Superintendent of Jail to the Sessions Judge and hope that in future he will not try to mislead Judges. The report further indicates that except for the time when Master Dome was on bail, he has been in jail since 1971 and that the trial has not commenced because the other co-accused persons are absconding. He has also said that he will try that the sessions trial is completed at an early date. With regard to his leprosy, the report shows that he contacted this disease in the jail. 4. So far as Baban Mahto is concerned, the report is : "I met him in the jail and found him almost invalid. He was not in a position to stand without support an the five fingers of his left hand have been found chopped off and the fingers of the right hand were not moving freely. There was contracture of an the fingers of the right hand. His left thigh was not normal and I noticed sign of cut injury on the ankle" The report further shows that Baban Mahto told the Sessions Judge that after his arrest he was taken to the police station and there he was beaten as a result of which he became unconscious and that when he regained consciousness he saw himself in the hospital. 5. It is said by the petitioner that the beating was given by the police. Mr. Rajeev Sharma, Advocate, who is the Secretary of the petitioner Union and Mr. Ravi Shankar Prasad, learned counsel appearing for the petitioner, said that they had also gone to the Arrah jail where they met Baban Mahto and Master Dome. According to them, Baban Mahto told them that the beating was given by the police. The Sessions Judge in his report has not said so rather from his report it appears that Baban Mahto was not in a position to Say as to who actually assaulted him. According to them, Baban Mahto told them that the beating was given by the police. The Sessions Judge in his report has not said so rather from his report it appears that Baban Mahto was not in a position to Say as to who actually assaulted him. Be that as it may, we do not express any opinion as to how Baban Mahto got these injuries. If necessary, that will have to be determined in a separate proceeding. For our purposes it is sufficient that Baban Mahto is almost invalid and inspite of the treatment in jail he has not recovered. 6. Considering the whole matter dispassionately we direct that the two undertrials, namely, Master Dome and Baban Mahto be released on execution of P.R. bonds by them. 7. So far as the plea of the petitioner that they should be compensated by the State for the mental and physical torture is concerned, we do not find ourselves in a position to make an order in that regard, but, at the same time, we would observe that ours is a welfare society and it is the obligation of the State to give medical treatment to all its citizen. Admittedly Master Dome and Baban Mahto need medical treatment which certainly will incur expenses. The two belong to the lower strata of the society and it is not expected that they will be able to meet the necessary expenses in connection with their treatment. The State and its authorities will certainly look to this aspect of the matter sympathetically and will pass necessary orders in that regard. The application is thus disposed of. 8. Let a copy of this order be handed over to the petitioner's counsel. Petition disposed of.