GANPAT BHIKAJI BAMNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent of both the parties heard forthwith.

(2.) THIS writ petition filed under Article 226 of the Constitution of India is for the relief of certain directions to the second respondent to quash and set aside the detention of the petitioner in solitary confinement and directing the second respondent to release the petitioner from solitary confinement and transfer him to Nashik Central Prison on the ground that purely out of malice the petitioner was put in the solitary confinement in Aurangabad Central Prison.

(3.) MR. R. V. Gaikwad, Senior Jailor, attached to Aurangabad Central Prison, Dist. Aurangabad has filed sworn return contending inter alia that the petitioner was admitted in the Aurangabad Central Prison as under trial prisoner on 10-9-1998 pursuant to the remand warrant issued by the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai in D. C. B. C. I. D. C. R. No. 3 of 97 for the offences punishable under sections 302, 307, 341, 120-B read with section 34 of I. P. C. and under section 25 of the Indian Arms Act and that the said petitioner was transferred to Aurangabad Central Prison purely on administrative ground. He would further say that the petitioner was kept in high security cell along with other under trial prisoners but he was never kept in solitary confinement at any point of time and he was kept along with other under trial prisoners in Aurangabad Central Prison and that the petitioner being a member of the dreaded criminal gang of Chota Rajan, on administration ground he was kept in high security cell along with the other under trial prisoners and not in solitary confinement. However, an application filed by the petitioner himself on 9-10-1998 was considered by the Inspector General of Prisons, M. S. Pune and by his order dated 4-12-1998 his request to transfer him from Central Prison, Aurangabad to some other prison was rejected. But however, he is put in the regular cell from high security cell as per the order passed by the Inspector General of Prisons above referred. It is stated that investigation in the above case has already come to an end and completed and consequently the chargesheet has been led before the Court of Law and the trial is pending against the petitioner and others.