Association for Protection of Democratic Rights (APDR) v. STATE OF WEST BENGAL
2013-07-25
ARUN MISHRA, JOYMALYA BAGCHI
body2013
DigiLaw.ai
Judgment :- Joymalya Bagchi, J. The petitioners have filed this public interest litigation, inter alia, praying for an investigation through appropriate judicial authority into the incidents of custodial violence on 16th September, 2008 at Presidency Correctional Home resulting in the death of Md. Azharuddin and also investigate into the incident on 1st January, 2009 in Howrah Correctional Home. Prayer has been made for initiation of penal action against the jail officials and personnel found to be guilty of any illegal act or wrong doing in respect of the said incident on 16th September, 2008. Direction has also been sought upon the State and respective District Magistrates to visit the correctional home in their districts at least once in a week. Order of compensation is also prayed for to affected parties. It has been pleaded that on 16th September, 2008 the officials of Presidency Correctional Home under the leadership of Jail Superintendent lathi charged upon the inmates of the Presidency Correctional Home resulting in severe injuries on prison inmates, particularly, one Md. Azharuddin who sustained serious head injury and subsequently succumbed to such injuries. His father lodged a first information report with Hestings Police Station on the very next day. It has also been pleaded that similar incident of violence occurred at Howrah Correctional Home on 1st January, 2009. Affidavit-in-opposition filed by the Superintendent of Presidency Correctional Home. In the said Affidavit-in-opposition it has been averred that on 16.09.2008 over the shifting of one under trial prisoner, namely, Siddique Zaffar @ Gudda from Presidency Correctional Home to Dum Dum Correctional Home there was agitation under the leadership of the said prisoner amongst the inmates of Presidency Correctional Home. They threw brickbats towards the staff of the correctional home. They also refused to be locked up in the evening. There was also physical scuffle between two groups of the prisoners, one under the leadership of the aforesaid Gudda and the other under the leadership of Ramua Dewar. As a result of such physical scuffles, number of members of the staff as well as prisoners were injured, including the said Md. Azharuddin who subsequently died. A first information report was registered at Hestings Police Station over the aforesaid incident being Hestings P.S. Case No. 178 dated 16.09.2008. All injured persons were treated and magisterial inquiry was also held over the incident.
Azharuddin who subsequently died. A first information report was registered at Hestings Police Station over the aforesaid incident being Hestings P.S. Case No. 178 dated 16.09.2008. All injured persons were treated and magisterial inquiry was also held over the incident. During the pendency of the proceeding, a supplementary affidavit was filed in bringing on record the fact that in the course of scuffle on 16th September, 2008 another under trial prisoner, namely Md. Jahangir was injured and he also expired on 21 st September, 2008. In the supplementary affidavit prayer for compensation to the family members of the deceased has been made. Pursuant to the directions of this Court, the State filed a report enclosing the post-mortem report of Md. Jahangir. Affidavit taking exception to the report has been filed on behalf of the petitioners. Rejoinder has also been filed thereto on behalf of the State. Subsequently, report has also been filed stating that charge-sheets have been filed before the concerned Magistrate relating to the custodial death of Md. Azharuddin and also the assault on Md. Jahangir in custody. Learned counsel appearing for the petitioners submitted that it is an admitted position that of Md. Azharuddin and Md. Jahangir suffered injuries in custody and subsequent thereto the succumbed to their injuries. He further submitted that the criminal cases registered at the behest of the Jail Superintendent, who is the prime suspect, are eyewash and the real incident has been suppressed. He further submitted that the jail officials have been sealed and the blame has been thrown upon jail inmates. He further submitted that the records of the enquiry at the behest of the West Bengal Human Rights Commission are also missing. Learned counsel appearing for the State disputed such contention and submitted that fair and proper investigation and/or magisterial enquiry was held. He denied that death of Md. Jahangir was due to assault. According to him, the said under trial prisoner was suffering from tuberculicis and other ailments and died due to unnatural cause. He relied on post-mortem report in support of his such contention. He further submitted that adequate steps having been taken, no order be passed on the public interest litigation. We have considered the submissions of the parties. It has been admitted that there was unbridled violence inside the jail. This resulted in injuries on Md. Azharuddin as well as Md. Jahangir.
He further submitted that adequate steps having been taken, no order be passed on the public interest litigation. We have considered the submissions of the parties. It has been admitted that there was unbridled violence inside the jail. This resulted in injuries on Md. Azharuddin as well as Md. Jahangir. The investigation at the behest of police with regard to the aforesaid incidents has resulted in filing of charge-sheets before the Magistrate. In this backdrop, we are unwilling to embark into any further fact finding enquiry/investigation in exercise of our extraordinary writ jurisdiction. There is ample power in the trial Court to entertain and adjudicate the issues raised by the petitioners that the investigation has not been conducted in a fair and effective manner or that the real offenders are being screened. It would, therefore, be open to the aggrieved persons to approach the learned trial Court and pray for appropriate relief in the matter. If such prayer is made, the learned trial Court shall consider the same and dispose of the same in accordance with law. In view of the fact that the petition has been instituted at the behest of a public spirited organization, we do not express any opinion as to prayer for monetary compensation with regard to the death of Azharuddin and Md.Jahangir. The relations of the said persons are at liberty to agitate such claim in accordance with law. We, however, conclude by observing that we are distressed at the lack of effective management and/or administration of under trial prisoners in the correctional homes of the State. We, therefore, direct that appropriate steps as mandated under relevant legislations be forthwith taken by the State authorities so as to ensure that no such unfortunate incident, as narrated in the instant writ petition, does not occur in the future. With the aforesaid directions, the instant writ petition is disposed of.