RAVINDRA NATH AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri T.P. Singh, Senior Advocate, assisted by Sri Siddharth Nandan for the petitioner and Sri M.C. Chaturvedi, learned Chief Standing Counsel appearing for the State-respondents No. 1 to 4.

(2.) AFFIDAVITS have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally decided.

(3.) ON being pointed out by the Members of the Bar about the death of S.K. Awasthi, which was caused in mysterious circumstances, a Division Bench passed an order on 13th May, 2008 requesting the District Judge to hold an inquiry so as to find out as to under what circumstances the death of S.K. Awasthi had been caused. The District Judge was also directed to inquire as to whether S.K. Awasthi was manhandled or ill-treated either by the Jail authorities or by the Jail inmates, and what was the reason for shifting him to the hospital and keeping him chained during the medical treatment. The Chief Medical Officer, Allahabad was directed to constitute a team consisting of three doctors to conduct the post-mortem of S.K. Awasthi. ON the same day, on an application presented by Sri Rajesh Rai, Advocate informing about the death of S.K. Awasthi while in custody, another Division Bench presided over by Hon'ble the Chief Justice directed the application to be registered as Public Interest Litigation and issued notice to the Jail Superintendent asking him to explain the circumstances under which S.K. Awasthi died while in custody. ON the same day the Division Bench presided over by Hon'ble the Chief Justice passed another order noticing the order passed in Criminal Contempt No. 19 of 2007 as mentioned above, directing the criminal contempt to be withdrawn and placed before the Bench presided over by Hon'ble the Chief Justice on 16th May, 2008.