VIRESH SHANDILYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition, a Public Interest Litigation, was filed with a sole prayer to issue a writ in the nature of mandamus commanding Respondents No. 1 and 2 to hand over the investigation of the "Burail Jail Break Case" to the Central Bureau of Investigation.

(2.) In a shocking incident which virtually shattered people's faith in the jail officials, security forces and intelligence agencies, some dreaded terrorists, who were allegedly involved in the assassination of Shri Beant Singh, the then Chief Minister of Punjab, escaped from the Burail Jail, U.T. Chandigarh, claimed to be in the high security zone, on January 22, 2004, by digging out a 94"xl.5'x2' long tunnel which was dugged 14 feet under the earth, obviously beyond comprehension of a layman as to how digging of such a tunnel could take place without the knowledge and active connivance and help of the persons who were supposed to keep a watch over these dreaded terrorists in the jail. This incident was highlighted in the media that the escape had taken place despite a high security jail equipped with sensitive cameras and manned by jail police and central forces round the clock.

(3.) Upon issuance of notice to all the authorities concerned including the Union of India, this Court on February 5, 2004 was apprised of the fact that the investigation in the matter was at a crucial stage and near completion and thus it was in the interest of justice not to interfere with the same for the present. While adjourning the case, a direction was issued to produce the report of the investigating agency in a sealed cover before us. Orders passed by the learned District & Sessions Judge, Chandigarh in relation to providing cable TV facilities to the under trials lodged in the jail was also passed to be posted for our perusal. Having been satisfied with the investigation conducted by the Chandigarh Police by associating some other agencies as well, vide an order dated April 8, 2004 we had disposed of the matter so far as the investigation of "Burail Jai Break" was concerned, however, keeping alive the issues in relation to providing cable TV and other facilities to the jail inmates.