LAWS(BOM)-1999-12-41

RAJU ALIAS NARSINGH KULKARNI Vs. SUPERINTENDENT OF PRISON

Decided On December 23, 1999
RAJU ALIAS NARSINGH KULKARNI Appellant
V/S
SUPERINTENDENT OF PRISON Respondents

JUDGEMENT

(1.) THESE three writ petitions are arising out of the same set of facts and practically the same reliefs are claimed in these petitions. Hence, those are being disposed of by the Common Judgment.

(2.) WRIT Petition No. 44 of 1989 is filed by the four detenus, who were detained under section 3 of the National Security Act, 1980. In the Central Prison, Aurangabad in February 1989. While Criminal WRIT Petition No. 47 of 1989 is filed by Shri Shirsat, vice President of Shiv Sena, Aurangabad; and Criminal WRIT Petition No. 58 of 1989 is on the basis of letter received from Muktaram Shinde and 21 other Prisoners, who were in Aurangabad Prison in February, 1989.

(3.) IT is also contended that the Inspector-General of Prisons had no authority to form such special squad for the inspection of the jails. The special squad entered into the jail without following the prescribed procedure. They did not sign the register maintained at the entrance of the jail. They did not inform the jail authorities in advance about their visit. The members of the squad were wearing altogether different uniform than the uniform of the jail employees. There were 15 persons in the squad, but as their names were not known to the Petitioners, they could not be impleaded in the petitions personally. The Petitioners, therefore, have prayed that an enquiry be held by keeping under suspension the members of the squad. The injured persons be given medical treatment. The report of the Civil Surgeon regarding the injuries of the inmates be called and all the injured persons and other inmates who have suffered the agonies of the attack of the special squad be paid compensation.