KALYAN CHANDRA SARKAR v. RAJESH RANJAN ALIAS PAPPUYADAV
2004-12-14
N.S.HEGDE, S.B.SINHA
body2004
DigiLaw.ai
ORDER 1. Pursuant to the order passed by this Court on 2-12-2004, the investigating agency (CHI) has filed a detailed report with regard to the incident that took place in Beur Jail where the first respondent is kept as an undertrial prisoner. The report shows certain serious violations of the provisions of the Jail Manual and the misconduct of the first respondent during the visit of the Inspector General (Prisons). The Inspector General (Prisons) who was also asked to file an affidavit has filed the affidavit. After considering these affidavits and the material on record, we will have to now consider the necessity of shifting the first respondent from Beur Jail to some other jail where this type of activities of the first respondent cannot be carried on. Therefore, we direct CBI to. propose a suitable place where the first respondent may be sent as a prisoner during the pendency of the trial. They will also take into consideration, apart from the fact of security of the first respondent, the inconvenience or otherwise in shifting the first respondent during the period of trial including the possibility of video conferencing during the trial. 2. We take notice of the fact that a Division Bench of the High Court of Patna has entertained some proceedings in regard to the incident which is being monitored by this Court and we think it appropriate that this monitoring should be done by one court and since we have already initiated e proceedings, we think it appropriate that the proceedings which are initiated by the Patna High Court be transferred to this Court. We direct the Registrar General of the Patna High Court to transmit the entire record pertaining to the said proceedings to this Court. The notices issued by the Patna High Court to various authorities including the cell phone companies will be treated as notices issued by this Court and the response to these notices be filed in f this Court within two weeks from today. The petitioner and other parties in those proceedings shall be intimated about the transfer of those proceedings to this Court. The first respondent is permitted to file his reply to the affidavit filed by CHI and the Inspector General (Prisons) and the IA filed by the petitioner herein for the proposed transfer. 3. List these matters on 4-1-2005.