R D UPADHYAY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) We have heard Mr. Ranjit Kumar, learned Senior counsel appearing as Amicus, assisted by Ms. Binu Tamta, learned counsel and Mr. Tapas Ray, learned Senior counsel appearing for the State of West Bengal, assisted by Mr. H.K. Purl, learned counsel.

(2.) In our order dated 16th December, 1999, we had traced the history of confinement of Ajoy Ghosh. From the report, submitted by the Chief Judicial Magistrate, dated 15th January, 2000, it clearly emerges that between the period 1964 and 1995, learned Court of A.C.M.M. made no efforts to take any action in the case of the unfortunate lunatic undertrial prisoner Ajoy Ghosh languishing in jail since 19'62. Even medical treatment was provided to him only after the High Court intervened. The A.C.M.M. as well as the Jail authorities had taken no action in that behalf. The Superintendent Presidency Jail, Calcutta even later on took no action to send medical reports of the physical and mental state of Ajoy Ghosh from 1964 to 1983 and thereafter till 1995. There may be many like Ajoy Ghosh languishing in West Bengal or other jails of the country. There has been a complete violation of the statutory provisions contained in the Prisons Act, 1900; the Code of criminal Procedure; and the Indian Lunacy Act, 1912 in dealing with the case of Ajoy Ghosh. We are anguished. The authorities are required to act according to law but the law has been unfortunately respected in its breach. There has been no fixing of accountability even after this Court pointed out the existence of the sad state of affairs concerning Ajoy Ghosh. We shall revert to this aspect while finally disposing of this application.

(3.) We have suggested to learned Amicus as well as to the learned counsel appearing for the State of West Bengal to file a submission/ suggestion note for assistance of the Court to issue such guide-lines and directions as may be necessary for ensuring that the detenus like Ajoy Ghosh do not suffer in the manner in which Ajoy Ghosh has suffered.