STATE OF MAHARASHTRA Vs. SAGAR BALU UBHE

JUDGEMENT

(1.) On 11th January 2013, a Division Bench of this Court passed a detailed order in this writ petition. The facts were briefly set out. Some of the documents were considered. The Court arrived at a prima-facie conclusion of non-compliance with the directions issued by the Supreme Court in D.K.Basu v State of West Bengal, 1997 1 SCC 416 in matters of illegal detention. The Division Bench directed the Principal District Judge, Pune, to nominate any Judicial Magistrate, First Class (not one dealing with any of pending cases in this matter) to hold an enquiry. The Judicial Magistrate was required to call for the record from the police, to allow the petitioner to adduce documentary and oral evidence and to issue witness summonses to the witnesses concerned. The police authorities, too, were allowed to lead evidence. The Judicial Magistrate was required to enquire into the petitioner's allegations and, in particular, the allegations that the petitioner was illegally detained by the police from 25th to 30th January 2012. The Judicial Magistrate was required to submit a sealed report before 30th April 2013, and was also to forward the papers placed before him and the evidence led before him in this enquiry. The petition was then to be placed for final hearing after receipt of the report.

(2.) On 3rd September 2013, the Judicial Magistrate's report dated 5th August 2013 was placed before us. With the assistance of the learned advocates for the parties, we perused it. We found that the State was attempting to accept the report only in part. We noted that the petition sought a public law remedy claiming compensation for his illegal detention, and that the Judicial Magistrate's report, submitted pursuant to the earlier directions, was that there was, in fact, such an illegal detention. We placed the matter of final orders on 17th September 2013. That is how the petition came to be taken up for final hearing.

(3.) In the meantime, the State Government filed Civil Application (L) No.399 of 2013, seeking a quashing of the Judicial Magistrate's enquiry report.