SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. RC Kodekar, Ld. APP waives service of rule. This is a suo-motu proceeding taken up by this Court in view of certain shocking facts that had come to its notice from the newspaper report. Kantilal Shivlal Patel [Amrutiya] has become the subject matter of the proceedings or the focus of our attention on account of the said newspaper report since it revealed that though he has been convicted for a serious offence like murder and conspiracy under section 302 and 120B of the Indian Penal Code [for short 'IPC'] and he has been sentenced to suffer imprisonment for life, he had been enjoying A Class comforts in the Civil Hospital under a false pretext of having a heart ailment.

(2.) The said convict prisoner was prosecuted along with several other accused for having committed murder of one Prakash Raveshiya on account of political rivalry. His trial took place in the Court of learned Judge, 2nd Fast Track Court, Gondal in Sessions Case No. 34 of 2000, who by judgment dated 23rd August, 2004 found him guilty of committing aforesaid offences and passed the sentence stated above. The convict prisoner thereafter preferred Criminal Appeal No. 1544 of 2004 before this Court to challenge the judgment and order of conviction and sentence passed against him. His appeal has been admitted to final hearing by this Court vide order dated 28th September, 2004. He also preferred, along with the appeal, application under section 389 of the Code of Criminal Procedure [ for short 'Cr.P.C.'] praying for suspension of sentence and to release him on bail pending final disposal of the appeal. On the said application, by order dated 28th September, 2004, this Court issued notice to the otherside making it returnable on 10th October, 2004. The application was extensively argued by Mr. SK Jain, Senior Advocate appearing with Mr. SV Raju for the convict prisoner. By our C A V order dated 13th October, 2004 the said application was rejected by assigning detailed reasons, dealing with all the submissions that had been advanced by the learned Senior Advocate. It is stated at the bar that his appeal before the Apex Court challenging the said order has also been rejected.

(3.) To our utter surprise a report appeared in local Gujarati daily named 'Divya Bhaskar' dated 25th November, 2004, wherein it was reported that several persons who are either facing trial or who have been convicted after trial, by exploiting their influential position, get themselves admitted in the Civil Hospital under the guise of having some serious ailment and they thereafter enjoy A Class facilities in the hospital. They not only receive the comforts in the VVIP rooms, but they also do their personal work and entertain guests and visitors. They are permitted to have food from outside which is usually being brought from the restaurant. In the VVIP rooms they are provided with air conditioner, refrigerator, mobile phone, television, etc. But for their influential position, power and money they would not be able to enjoy such facilities. In the said report particular reference was made of the present convict prisoner, who is an elected Member of the State Legislative Assembly. It is stated that he had been enjoying all these facilities in special room no. G-6 in the Civil Hospital. It is stated that upon admission to the Civil Hospital he had demanded special room in a special ward and to pressurize the hospital authorities he had behaved in a unruly manner till late night on 5th November, 2004 on the ground that the food that was provided to the prisoners was insect infested. He was thereafter shifted to the aforesaid room. The report also stated that the convict prisoner was not only provided with A Class facilities such as A.C., T.V., refrigerator, mobile phone, etc., but he was even permitted to meet the visitors. It was around Diwali time when he got himself hospitalized and on account of the Diwali festival the number of visitors was so large that they had to stand in a queue to meet him. Though the police watch was maintained outside his room, the police guards were not taking any objection to people meeting him. It was further reported that the convict prisoner was permitted to have food of his choice from outside and even the police guards were served with the said food. In view of such disturbing report, this Court decided to consider the entire issue with all seriousness and by order dated 29th November, 2004 initiated suo-motu proceedings against the convict prisoner and also the concerned Jail as well as the Government and the Hospital Authorities. By the said order, following directions were issued :- [1] The Deputy Commissioner of Police, Zone-IV, City of Ahmedabad, is directed to seize the medical record between the period from the date of his admission till today in the Civil Hospital, Ahmedabad, pertaining to the applicant forthwith, i.e. today itself, 29th Nov. 2004. [2] The applicant should be examined by a team of Cardiologists of the Civil Hospital, Ahmedabad and they may furnish the latest health report of the applicant to this Court on or before 2nd Dece. 2004, through the Civil Surgeon. [3] If in the opinion of the aforesaid Doctors, the applicant is free of the ailment, the Civil Surgeon may discharge him from the Hospital forthwith and may forward him to the Central Prison at Ahmedabad. [4] The Jail Superintendent, Ahmedabad Central Prison, Ahmedabad; the Secretary, Home Department, Govt. of Gujarat, Gandhinagar and the Civil Surgeon, Civil Hospital, Ahmedabad to file their respective affidavits before this Court as to how the applicant is permitted to stay in the Civil Hospital, Ahmedabad and enjoy all the facilities and amenities as stated above. The affidavits to be filed on or before 2nd Dece. 2004. Learned APP to communicate this order to (1) Deputy Commissioner of Police, Zone -IV, City of Ahmedabad; (2) The Jail Superintendent, Ahmedabad Central Prison, Ahmedabad; (3) The Secretary, Home Department, Govt. of Gujarat, Gandhinagar; and (4) The Civil surgeon, Civil Hospital, Ahmedabad, forthwith. 3.1. By virtue of this order, the concerned Police Officer i.e. Deputy Commissioner of Police, Zone IV, City of Ahmedabad visited the hospital and seized the medical record relating to the convict prisoner for the period between the date of admission and the date of the order. It appears that in view of order dated 29th November, 2004 the convict prisoner was discharged from the hospital next day and we are told that several other prisoners also who were enjoying such facilities had been despatched back to the prison.