(1) AN affidavit by the D.I.G. of Prisons, West Bengal has been filed, along with certain documents, including copy of the court record relating to appearance of Ajoy Ghosh in the trial court. The affidavit is taken on record. The affidavit and the record leave many questions unanswered. (2) IT is noticed that after the arrest of Ajoy Ghosh, he was produced in custody before ACMM on 29/07/1962 and was, thereafter, produced in the court on various dates till 8/11/1962. The order sheet further reveals that after 8/11/1962, the next order was made on 8/02/1964, almost after one year. There are court orders of the learned ACMM till 7/05/1964 but the next order is dated 12/11/1983. What happened during the period 1964 to 1983, aperiod of almost 19 years, is not known? There is also nothing on the record which may disclose as to how Ajoy Ghosh was treated during all this period and what was the state of his health. The record also does not disclose how the Additional Chief Metropolitan Magistrate, who was seized of the case, dealt with this case after 1964 till 12/11/1983. (3) ON 12/11/1983,when the case was put up before the learned CMM, a direction was given to the superintendent. Presidency Jail, Alipore to cause production of ajoy Ghosh on 8/11/1983. Ajoy Ghosh was produced before the court on 18/11/1983 and the order inter-alia reads thus :- "Accused be produced before this Court when he is found physically and mentally fit." (4) THE accused was not produced on 18/12/1983, the next date in the case and instead a medical report was sent to the court, which revealed that Ajoy Ghosh was not mentally fit to face his trial in the case. The court directed that the accused shall remain in judicial custody "till he is mentally and physically fit". The next order from the court is dated 20th November, 1985, almost two years after 28/12/1983. The order sheet, dated 20/11/1985 goes on to record that the medical report in respect of Ajoy Ghosh had been given by the Visiting Psychiatrist, Presidency Jail to the learned ACMM, Calcutta. There is again a long gap during which period only some medical reports appear to have been sent from the Presidency Jail, Calcutta to the court of the Addl. Chief Metropolitan Magistrate, without producing Ajoy Ghosh in the court. There is again a long gap during which period only some medical reports appear to have been sent from the Presidency Jail, Calcutta to the court of the Addl. Chief Metropolitan Magistrate, without producing Ajoy Ghosh in the court. It was only in 1989, after a Public Interest Litigation was filed by one Shri P.K. Sinha, an advocate, drawing attention of the High Court to the plight of prison inmates, that the case of Ajoy Ghosh also surfaced and was taken up by the division bench of the Calcutta High court. (5) AJOY Ghosh was produced before the division bench on 20/12/1994 when a direction was given to the I.G. (Prisons) to get him examined by a board of Doctors. The board of Doctors was constituted and they opined that Ajoy Ghosh was of unsound mind and unfit to stand his trial. He appears to have been shifted from one jail to another jail and under directions of the High court, in the , Public Interest Litigation, a Special Officer was appointed by the court to see to the welfare of the prisoners and it was at that stage that Ajoy Ghosh appears to have been transferred to Antaragram Psychiatric Centre. (6) IN the affidavit filed before us today, though it is stated that after Ajoy Ghosh was transferred to the Antaragram Psychiatric Centre on 30/04/1996, medical reports were being sent to the court/High court, but the same have not been annexed to the affidavit. There is, however, a reference made to "the last report from the Chief Psychiatrist of Antaragram Psychiatric Centre", dated 2 1/07/1999. A perusal of that report shows that the Medical Officer had opined : "In my opinion, as mentioned in the previous report also, possibility of complete recovery seems remote and may not be possible. Considering his age, he would benefit from staying in an Old Age Home under supervision of a Psychiatrist rather than at Antara. " (Emphasis made) (7) EVEN in view of the opinion of the Chief Psychiatrist, who had opined that Ajoy Ghosh would benefit from staying in an Old age Home under the supervision of a Psychiatrist rather than at the Antaragram Psychiatric Centre, no steps were taken to act according to the opinion of the Psychiatrist. (8) THE D.I.G. (Prisons) has also attached a medical report dated 13/12/1999 with his affidavit. (8) THE D.I.G. (Prisons) has also attached a medical report dated 13/12/1999 with his affidavit. According to that medical report from the Chief Psychiatrist of Antaragram Psychiatric Centre, we find the opinion inter-alia is as follows : "He needs prolonged care in a sheltered environment and possibility of complete cure seems remote. Considering his age he would benefit from staying at an old age home under supervision of a Psychiatrist (may be Missionaries of Charity, where aged Non Criminal Lunatics are housed)." (9) NO steps have been taken on the basis of this report either. (10) THIS case presents a pathetic state of affairs and demonstrates the manner in which Ajoy Ghosh was treated. We are distressed. The blatant manner in which fundamental human rights of Ajoy Ghosh, including the rights under Article 21 of the Constitution, have been violated presents a depressing picture. Since there are various gaps in the affidavit, as for example why the prisoner was not shifted to a mental hospital/asalyum in 1962 itself or what happened to him between 1962-1983 as also his treatment between 1989 and 1996 when he was transferred to the medical centre, Mr. Puri, learned counsel prays for three weeks further time to file an additional affidavit and complete record. In the affidavit, it shall also be indicated as to what action, if any, has been taken on the opinion of the Chief Psychiatrist, dated 21/07/1999 and 13/12/1999. (11) KEEPING in view the seriousness of the matter, we request the chief justice of the High court of Calcutta to nominate a Chief Judicial Magistrate to hold an enquiry into the manner of protracted incarceration of Ajoy Ghosh from 1962. Lapses, if any, on the part of the court/ courts would be enquired into specifically and the defaulters, if any, identified. (12) THE Chief Judicial Magistrate shall submit the report through the High court to this court within six weeks. (13) COPY of the complete file relating to Ajoy Ghosh including the orders made by this court and I.A. No. 4 shall be sent to the Calcutta High court for being supplied to the nominated Chief Judicial Magistrate. (14) POST on 20/01/2000 for further orders.