SANJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prayer of the petitioner in this writ application filed under Article 226 of the Constitution of India is to direct the respondents to pay to the petitioner a sum of rupees five lakhs as compensation on account of death of his father and brother, while in judicial custody.

(2.) Facts leading to the filing of the present application are that in relation to an incident which had taken place on 5.8.1999 at village Berthu within the police station Makhdumpur in the district of Jahanabad, Makhdumpur P.S. Case No. 241 of 1999 was registered under Sections 147, 148, 149, 302, 448, 424, 323 and 342 of the Indian Penal Code, 27 of the Arms Act, 3/4 of the Explosive Substance Act and Section 17/18 of the Criminal Law Amendment Act. In the said case petitioner Sanjay Sharma, his father Rajendra Singh and brother Sanjeev Sharma figured as accused. According to the petitioner when they knew about their false implication in the case petitioner, his father and brother surrendered in the court of the Chief Judicial Magistrate, Jahanabad from where they were remanded to judicial custody and lodged in the Subdivisional Jail, Jahanabad. On account of palpable tension between prisoners belonging or associated with the Ranvir Sena and prisoners belonging to or associated with left wing extremist group, the authority transferred a group of 35 persons belonging to first category and 42 prisoners belonging to second category to Bhagalpur Central Jail and Hazaribagh Central Jail respectively in July, 1999 for a period of six moths. Later on respondents committed foolish act by shifting the persons from Bhagalpur Central Jail and Hazaribagh Central Jail to the Subdivisional Jail, Jahanabad in February, 2000 and April 2000 respectively. Return of the prisoners led to serious law and order problem inside the jail. According to the petitioner they belonged to Bhumihar caste and hence apprehending assault at the hands of the extremist, who were in jail and belonged to the extremist group of M.C.C., Party Unity etc., made a written complaint to the Superintendent of Jail by letter dated 21.3.2000 and prayed for providing them security. It is the assertion of the petitioner that the jail authority and the respondents were made aware of the tense situation in the jail premises and danger to the lives of the prisoners specially Bhumihar prisoners, by the extremist group but no protection or step was taken to protect them.

(3.) It is difficult to fathom, as to why the authorities even after knowing about the tension between the two groups of prisoners, one belonging to Ranvir Sena and other left wing extremist group shifted to other jails to avoid any clash between them earlier allowed their return to Jahanabad Jail in February and April, 2000. After return of the left wing of the extremist group from Hazaribagh Central Jail they started insisting for being lodged in Ward No. III, where they were housed prior to their transfer but it was resisted by the prisoners who were then lodged in Ward No. III. On 17.4.2004 the prisoners who came from Hazaribagh Central Jail threatened not to take food unless their demand is fulfilled and they also prevented the food being cooked for the inmates. This resulted into fight between the two groups of prisoners. In the incident prisoners sustained injuries and out of them 16 sustained serious injuries and were referred to Patna Medical College Hospital and Jahanabad Sadar Hospital for treatment. This incident in jail gave rise to Jahanabad P.S. Case No. 170 of 2000 registered under Sections 147, 148, 149, 160, 323, 325, 326, 307, 341, 342, 186, 353, 332, 333, 334, 337, 338, 435 and 120B of the Indian Penal Code and later on, the injured dying Section 302 of the Indian Pena\ Code was added. In the said case petitioner, his father Rajendra Singh as also brother Sanjiv Sharma were named as accused. Sanjiv Sharma sustained grievous head injury and died in course of treatment on 18.4.2000 at Patna Medical College Hospital. Petitioner's father Rajendra Singh died on 16.12.2000 also while lodged in the jail.