SITABEN GOVABHAI DESAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 21.9.2005, this Court has passed the following order: This Court, on 9.8.2005, had passed the following order: Upon hearing Mr.Nagarkar for the petitioner and Mr.A.D.Oza, Ld.PP for the State, when the matter was called out in the first sitting, the Ld.PP was called upon to submit the report to this court regarding the steps which have been taken by the State in connection with the incident of death of one of the prisoners in jail who was in judicial custody as an undertrial prisoner. In the second sitting, when the matter is taken up, Mr.A.D.Oza, Ld.PP has submitted that the FIR is registered vide C.R.No. 327/05 with the Sabarmati Police Station and the investigation is going on. Mr.Oza also submitted that upon prima facie material, certain officials of the jail are placed under suspension and the further inquiry is under contemplation. Mr.Oza also submitted that the Addl.I.G(Prisons) has passed the order on 8.8.05 whereby the SRP is deployed for protecting the safety of the in-mates of jail and for protection of the husband of the petitioner, namely, Shri Gava Rabari and the SRP is instructed specifically for such purpose.

(2.) It deserves to be recorded that when the custody of any prisoner is with the State, or the custody of any under-trial prisoner is assigned to the State by the court, as an under-trial prisoner, and is in judicial custody, it is the bounden duty of the State to ensure that proper care of safety of the prisoner is taken. In the incident in question, it, prima facie, appears that norms for basic maintenance of safety of prisoners are ignored which has resulted into the present incident. It, prima facie, appears that unless there is hopelessly callous approach on the part of jail authorities, and also the officials involved therein, the weapon could not have been brought inside the jail, and such an unfortunate incident could not have happened. It also deserves to be recorded that there are other matters pending with this court relating to keeping the prisoners practically three times the capacity inside the barrack, and there is also matter pending with this court where the prisoner has lost his life inside the jail, but paid no compensation, whatsoever.

(3.) Therefore, before this court considers the matter further, it is hereby directed that the investigation in connection with the complaint vide C.R.No.327/05 shall be carried out by the police officer not below the rank of Deputy I.G. The I.G(Prisons) shall pass necessary orders entrusting the investigation within 48 hours. The gist of the outcome of investigation shall be produced before this court in a confidential cover. As and when the custody of the husband of the petitioner is required for investigation the investigating officer shall be at liberty to get the same, but the same shall be intimated to his higher officer prior to taking the custody outside the jail and after the investigation is over as and when the custody is returned same shall also be accordingly written. The aforesaid shall be in addition to the procedure to be followed for interrogation of under-trial prisoner who is in judicial custody.