Research › Browse › Judgment

Supreme Court of India · body

1991 DIGILAW 688 (SC)

Vivek Baid v. Chief Minister, Govt. of Sikkim

1991-11-16

J.S.VERMA, LALIT MOHAN SHARMA, S.C.AGRAWAL

body1991
JUDGMENT : 1. In pursuance of our direction on 14.11.91, the detenu Shri Rajendra Kumar Baid has been produced in Court before us. In addition to his oral statement he has also submitted a statement in his own hand which is kept on the records (Marked as Annexure 'X'). We do not consider, it necessary to mention his oral statement made before us as a further affidavit is going to be filed on his behalf by Monday (18.11.91). 2. It has been mentioned in the counter affidavit of the respondents 2, 3 and 4 that after the Sikkim Police reached Siliguri for the arrest of the detenu, they contacted Shri Kuldip Singh, Addl. Superintendent of Police, Siliguri at his residence-cum-office and asked for his assistance and under the direction of Mr. Kuldip Singh a mobile Van along with few West Bengal Police Officials at Siliguri were deputed to assist the Sikkim Police. In this manner the Sikkim Police was able to arrest the detenu and take him to Sikkim with the assistance of the West Bengal Government. Mr. Kuldip Singh is present in Court and state before us that these allegations are not correct; that he had no information about the arrest of Shri Baid at all and no assistance was given by him or by the Siliguri Police for this purpose. On behalf of the authorities of the State of West Bengal, the learned counsel states that he has been instructed to inform the Court that the West Bengal Government was not informed about it and did not facilitate in any manner the Sikkim Police to effect the arrest of Shri Baid. The learned counsel stated that he could not prepare an affidavit giving all the details with relevant documents due to shortage of time and that the same shall h filed in Court on Monday (18/11/91) with copies to the counsel for the other parties. 3. In course of his statement, Shri Baid said that he was repeatedly assaulted on the 6th November, 1991 when he was arrested in Siliguri as a result of which he suffered several injuries. At about 11.00 clock, he reached Gangtok where he was kept in police custody for a number of days and he was not produced before any Magistrate. In course of his statement, Shri Baid said that he was repeatedly assaulted on the 6th November, 1991 when he was arrested in Siliguri as a result of which he suffered several injuries. At about 11.00 clock, he reached Gangtok where he was kept in police custody for a number of days and he was not produced before any Magistrate. He complains of some injury on his face and also states that he is an old diabetic and is in bad shape on account of maltreatment and denial of any medical assistance. He says that his blood sugar has risen to a very high level. 4. Having considered all the circumstances, we direct the Delhi Police which is keeping the detenu in custody to get the detenu admitted in All India Institute of Medical Sciences, New Delhi for his check up and medical treatment. Let the Director, All India Institute of Medical Sciences, New Delhi pass necessary orders so that Shri Baid may be admitted in the course of the day and may receive immediate medical care. He should be kept in a room in the private ward. The State of Sikkim will bear the expenses. the detenu's Advocates in this Court Shri R.P. Gupta and Shri S.C. Ghosh shall be permitted to meet him in the Hospital to take instructions for preparing the affidavit and for the further conduct of the case. The detenu's wife and son shall also be permitted by the authorities to visit the detenu in Hospital during the visiting hours. 5. It. is stated by Mr. R.K. Garg, the learned counsel for Shri Baid that he was brought to this Court hand-cuffed. It is pointed out that he is an Editor of a Daily Newspaper and is not alleged to be indulging in terrorist activities or any kind of violence. We do not therefore see any justification for hand-cuffing the prisoner and he will not be handcuffed hereafter in connection with this matter. The Delhi Police is directed to take him to the Hospital in a suitable manner having regard to his present health without hand-cuffing him. The detenu will continue in the custody of Delhi Police until further orders. 6. All the parties should file their affidavits latest by Wednesday (20-11-91). 7. The Delhi Police is directed to take him to the Hospital in a suitable manner having regard to his present health without hand-cuffing him. The detenu will continue in the custody of Delhi Police until further orders. 6. All the parties should file their affidavits latest by Wednesday (20-11-91). 7. The Director, A.I.I.M.S. shall submit a medical report about the physical state of Shri Baid with special reference to the injuries alleged by him by Tuesday (19-11-91). The Delhi Police shall produce Shri Baid again in Court on Friday at 10.30 A.M. to which date the further hearing of the case is adjourned. 8. Let copies of this Order be immediately sent to the Delhi Police Commissioner and to the Director, A.I.I.M.S., New Delhi for compliance.