MUKTARAM SITARAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Muktaram Sitaram Shinde, a life convict undergoing punishment in the Kolhapur Central Jail, Kalamba, addressed a letter dated 17th July, 1995 to the learned Chief Justice of this Court, which has been treated as a writ petition, and assigned to me for hearing and disposal. (Prisoner Muktaram Sitaram Shinde shall hereinafter be referred to as the petitioner)

(2.) BY the letter dated 16th July, 1995, the petitioner made the following grievances :

(3.) THIS Court issued Rule in the matter to the respondents and called upon them to file a detailed affidavit. An affidavit of Shankar Yellappa Sonawane, Under Secretary to Government, Home Department, dated 26th August, 1996, was filed in which it was contended that there was no truth in any of the grievances made by the petitioner, that the Inspector General of Prisons, Maharashtra State, Pune-1, was directed by the State Government to cause an enquiry in the complaint made by the petitioner, that one Dhanajirao Chaudhary, Deputy Inspector General of Prisons (Western Region) Yerawada, Pune, conducted an enquiry and after recording the statements of all concerned persons he made a report on 12th August, 1996 and found that there was no substance in the grievances made by the petitioner. Along with the affidavit the papers of the enquiry conducted by Dhanajirao Chaudhary and statements recorded during the so-called enquiry were also filed on the record of this writ petition. After careful perusal of the enquiry documents and the Report of Dhanajirao Chaudhary, this Court was not satisfied that there was no truth in the complaint of the petitioner and , therefore, directed that the petitioner and his co-prisoners, named by him, be kept present before this Court for recording their evidence. Accordingly, the petitioner and his co-prisoners were present before this Court on 9th, 10th and 11th September, 1996 and I have recorded the evidence of the petitioner, Pavan Varadrajan Chakrapani, Sanatan Baburao Tivde, Dastagir alias Dastu Karamat Khan, Vasant Maruti Koravi, Anthony John Baptist, Aslam Aziz Pathan @ Barkya, Nathu Bapu Mhaskar, Vikas Kundanmal Gupta, Jagannath Pandurang Chavan and Milind Ramchandra Bodke.