CHARANJIT SINGH Vs. STATE

JUDGEMENT

(1.) These petitions bring into foray a facet of undertrial prisoner, hitherto hidden under the carpet. The issue highlighted relates to the continued detention of an undertrial prisoner who is mentally unstable and his physical and mental condition does not even allow him to defend himself in the trial which is pending against him. In the process almost 20 years have elapsed.

(2.) On a charge of murder of one Ashok malhotra some time in the year 1985, mr. Charanjit Singh was arrested and put in jail on 28.10. 1985 in FIR No. 854/85 under section 302 IPC, Police Station Adarsh Nagar, delhi. He was aged 55 years at that time. After the completion of the investigation, challan was filed against him. However, while he was in judicial custody, he was found to be suffering from schizophrenia and thus, trial could not proceed further. He has remained in judicial custody all through and the trial did not move an inch as Trial Court found that it could not proceed against him who was not only physically weak but a person of unsound mind and, therefore, incapable of defending himself. As long period of 15 years passed by, the Trial Court decided to release him on bail and orders were passed to this effect on 14.7.2000. However, he did not appear before the Trial Court on the date fixed. On this ground the Trial Court cancelled his bail and sent him back to Jail on 29.11.2000. He is in judicial custody ever since. Thus, but for the aforesaid short break of about four and half months he has languished in Jail. Sad part is that none of the relatives of Charanjit Singh is willing to keep him or to give his surety. It may also be necessary to mention at this stage that during this period his ailments have compounded. Not only the illness from which he was suffering, namely, schizophrenia and mental disease, have become worsened over a period of time, shocking information given today in the court to us was that he is now suffering from cancer as well. He is virtually a vegetable who is close to death.

(3.) His plight caught attention of the National human Rights Commission (NHRC) sometime in the year 2002. At that time the matter was looked into from a different angle. It was felt that he cannot get out of jail because neither can he furnish a personal bond nor does he have someone to stand surety for him. NHRC, therefore, asked the Tihar Jail authorities to take steps to ensure that court proceedings are expedited. It also advised the Jail Authorities to engage a lawyer for charanjit Singh. Taking up of the matter by nhrc came to the notice of the media and in 'hindustan Times' dated June 11,2002 news item describing pitiable condition of Charanjit singh was published. Reading this news item criminal Writ Petition No. 729/2002 was filed by Ms. Manisha Bhandarie, Advocate on behalf of Charanjit Singh seeking intervention of the court and making the following prayers: