Lawyers' Association of Patna High Court Ranchi Bench v. State of Bihar
1998-09-04
LOKNATH PRASAD, S.K.CHATTOPADHYAYA
body1998
DigiLaw.ai
Order This writ application was filed by way of public interest litigation for a direction that District & Sessions Judge, Singhbhum East and West may be constituted as Chairman of the Committee to enquire into the death of ten under-trial prisoners of Sakchi, Ghaghidih, Chaibassa and Saraikella jails. The petitioners have also prayed that suitable compensation to the dependant of the deceased may also be granted. 2. It was submitted on behalf of the petitioner that from the news-item published in the Ranchi Express on 27.11.95 and 28.11.95, it was evident that ten under-trial prisoners have died in Sakchi, Ghaghidih, Chaibassa and Saraikela Jails during the period March 1991 to November, 1994 due to the negligence of the Jail officials and furthermore five under-trial prisoners have also died due to T.B. There was allegation that the Jail authorities were not providing proper food or medicine to the prisoners which resulted in the death of so many under-trials. 3. Separate counter affidavits were filed on behalf of various respondents and so far respondent no. 3 the S.P., Singhbhum East, is concerned an Affidavit has been filed and it was denied that 10 under-trial prisoners died in Sakchi, Ghaghidih, Chaibassa and Saraikella jails due to negligence and carelessness on the part of the jail authorities. Moreover, this respondent has got no concern whatsoever with the jail administration. 4. A separate detailed counter affidavit has been filed on behalf of respondent nos. 4 and 5, that is, Jail Superintendent, Jamshedpur and Inspector General of Prison. It was contended that condition of Sakchi jail is not worst as alleged in the writ application and in this jail there is provision of Jail Doctor and the Govt. has allotted sufficient fund for supply of medicine and in case of emergency jail administration used to purchase medicine from the open market also. So it is totally false to say that some under-trial prisoners died due to negligence on the part of Jail Administration and for non-providing of medical facilities. In fact, there is a Board of Visitors and they used to visit jail off and on and used to inspect the articles of foodstuff, and even the District & Sessions Judge including Chief Judicial Magistrate, Jamshedpur had visited those jails from time to time. The Deputy Commissioner has also inspected the jail.
In fact, there is a Board of Visitors and they used to visit jail off and on and used to inspect the articles of foodstuff, and even the District & Sessions Judge including Chief Judicial Magistrate, Jamshedpur had visited those jails from time to time. The Deputy Commissioner has also inspected the jail. Similarly superior jail authorities used to visit the jail off and on and used to verify the standard of food and medicine and, in fact, the press report in the daily newspaper of Ranchi Express was published without verification of truth by reporter. The Hon'ble Judges of Patna High Court also visited the jail and nobody alleged about the mismanagement in the jail. 5. In fact from March, 1991 to November, 1994 as many as seven persons of Sakchi jail had died due to different illness during the treatment in Mahatma Gandhi Medical College Hospital at Jamshedpur and one prisoner died due to Cancer in Meharbhai Tata Cancer Hospital in course of treatment and it is totally false to say that any prisoner died due to ill-treatment in the jail or jail authorities had not provided any medical facilities. 6. At the admission stage itself, only for proper appreciation of the allegation contained in the writ application and submissions made in the counter affidavit by the respondents, vide order dt. 15.4.96, [reported in 1996 (2) PLJR 56 ] the District & Sessions Judge, Jamshedpur (Singhbhum East) was directed to hold an enquiry as to the allegations made by the petitioners in the writ application and copy of the writ application was also sent to him. The District & Sessions Judge submitted his report dt.
15.4.96, [reported in 1996 (2) PLJR 56 ] the District & Sessions Judge, Jamshedpur (Singhbhum East) was directed to hold an enquiry as to the allegations made by the petitioners in the writ application and copy of the writ application was also sent to him. The District & Sessions Judge submitted his report dt. 16.12.97 which is at flag A. From the report of the District and Sessions Judge, it can be said that he examined the jail authorities, doctor and also perused some of the post mortem report available there al1d after enquiry he came to the conclusion that some of the deaths of the under-trial prisoners in Sakchi, Ghaghidih, Chaibassa and Saraikella were natural but in para 11 of his report he has mentioned that so far the death of under-trial prisoners, namely, Pradeep Kumar Singh, Amrik Singh and Konda Singh who died as under-trial prisoners of District Jail Sakchi; whereas that of Ramdhan Mahali, Ranga Manjhi and Bivisan Bhumij who died in camp sub-jail Ghaghidih and Laxman Laguri of District Jail Chaibassa and further that of Somchandra Manjhi and Bhuglu Manjhi of Saraikella sub-jail do not appear to have occurred in natural course. So suspicion was cast regarding the death of aforesaid under-trials. However, the District Judge has also observed that as the family members of these deceased were not taking any interest either for giving any evidence or to file appropriate criminal case against erring jail authorities he is not in a position to take any action. 7. As the District & Sessions Judge, Jamshedpur has also not been able to conduct a detailed enquiry as submitted in his report but apparently the enquiry report indicate some of the deaths of the under-trial prisoners to be suspicious and require detail investigation. 8. Accordingly, we refer the entire matter to respondent no. 5, the Inspector General of Prison, Bihar, Patna.
8. Accordingly, we refer the entire matter to respondent no. 5, the Inspector General of Prison, Bihar, Patna. Copy of the enquiry report of the District & Sessions Judge Jamshedpur alongwith copy of the writ petition may be sent to him and he is directed to make a detailed enquiry about the death of Pradeep Kumar Singh, Amrik Singh and Konda Singh, Ramdhan Mahali, Ranga Manjhi and Bivisan Bhumij, Laxman Laguri, Somchandra Manjhi and Bhugru Manjhi confined in Sakchi, Ghaghidih, Chaibassa and Saraikella jails and he should also examine the circumstances leading to the death of these prisoners and the reasons of their death and if at all the death took place due to carerlessness on the part of jail authorities and if at all those prisoners were not provided any proper medical care in due course. If the I. Prisons comes to the conclusion that due to gross negligence on the part of the jail authorities, the death of any of the aforesaid prisoners took place, then in such situation a criminal case may also be instituted after fixing the liability as against the concerned officials. All the exercises must be completed within four months from the date of receipt of this order alongwith copy of the writ application and enquiry report. 9. This application is disposed of in the manner indicated above.