KHATRI 1 Vs. STATE OF BIHAR

JUDGEMENT

(1.) These seventeen petitioners in the two Writ Petition who are under trial prisoners in the central Jail, Bhagalpur complain that they have been deprived of their eyesight by the police while they were in police custody after their arrest in connection with certain criminal cases. These cases represent two more instances of the cruel and barbaric manner in which the administrators of law deal with persons arrested by them. The police are supposed to enforce the law and not to break it, but here it seems that they have behaved in a most lawless manner and defied not only the constitutional safeguards but also perpetrated what may aptly be described as a crime against the very essence of humanity. It is a barbaric act for which there is no parallel in civilized society and deserves the strongest condemnation from all S. of the community. It is difficult to believe how any person, much less an enforcer of law, can be so ruthless and inhuman as to deprive fellow human beings of their eyesight. It shows to what depths of depravity the administrators of law can sink in the State of bihar. We are glad to know that public conscience has been aroused and action is being taken against the perpetrators who are responsible for this stark human tragedy. It is an act of barbarism which requires to be investigated thoroughly and we would have appointed a team of lawyers to go to Bhagalpur central Jail and investigate the atrocities committed by the police on persons arrested and detained in police custody as also by the jail authorities on the under trial prisoners so that a thorough probe could be conducted into these matters by lawyers who, by reason of their legal training and social commitment would be able to carry out a searching and effective investigation, but since an order has already been made by a division bench of this Court on 1/12/1980, in Writ Petition 5352 of 1980, directing the Registrar of this Court and one other officer to visit bhagalpur central Jail and obtain first-hand information from the petitioners in that case and other prisoners similarly situated which would include the present petitioners as well, as regards the impairment or blinding of their eyes, we do not think it necessary or expedient to appoint another investigat- ing team. We would wait for the report of the Registrar and the other officer appointed to visit the Bhagalpur central Jail.

(2.) We are informed that there are five under trial prisoners who have already been released on bail and who may not therefore be able to get the benefit of this Court's order dated December 1, 1980. They are Kashi mandal, Lakhan Lal Mandal, Umesh Yadav, Bhola Choudhary and chamaklal Rai. Mrs. Hingorani, learned counsel appearing for the petitioners stales that there may also be some other under trial prisoners who have been treated in the same barbaric and inhuman manner and who have been released on bail. In order that these under trial prisoners should also be able to obtain proper medical assistance, we direct that if they orany of them appear before the Sessions-Judge, Bhagalpur and apply to him that they may be given the facility of being treated in the Rajendra Prasad ophthalmic Institute which is attached to the All India Institute of Medical sciences, New Delhi, the State of Bihar will immediately, without any bureaucratic delay, take the necessary steps for bringing them to New Delhi so that they may receive prompt treatment at the Rajendra Prasad Institute at the cost of the State of Bihar.

(3.) The State of Bihar has been served with the notice of Writ Petition 5670 of 1980, but it has not appeared before us. We are unhappy to find that the State of Bihar has not chosen to appear and place the necessary facts before us which would assist us in deciding that writ petition. We hope and trust that at the next hearing of these Writ Petition, the State of Bihar will appear and render necessary assistance to us.