VITHADDITIONALJUDICIALCOMMISSIONER RANCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a public interest litigation. The matter concerns the administration of criminal justice in the subordinate courts in the State of Bihar. The entire system has perilously come to a grinding halt. A letter was received from the 6th Additional Judicial Commissioner, Ranchi, in respect of certain sessions cases. It disclosed that in this State, there is a common feature not to produce accused persons in courts on due dates in spite of the order of the court; sessions trials are being hampered or delayed due to non production of under-trial prisoners. A Bench consisting of the then Chief Justice, Mr. B C. Basak Mr. Justice Choudhary S. N. Mishra initiated suo motu proceeding on 2-9-93 and directed the Inspector-General of Prisons, Director-General of Police, respondents in the proceedings, to explain From then onwards innumerable orders were passed by this Court from time to time. They are matters of record. It is necessary only to mention the important orders passed earlier. By order dated 24-1993 this Court noticed that due to pendency of bills for huge amounts, petrols were not being supplied on credit and so prisoner vans were not available for bringing the accused. Many prisoner's vans were old and unusable and a few of them were under repair and so they could not be utilised, etc. Still later on 27-9-93 this Court noticed that due to non-production of under-trial prisoners and non-availability of vans and sufficient petrol and dilapidated conditions of vehicles, administration of justice is likely to breakdown, and law and order situation of the State as a whole would suffer. The facts adverted to in the proceeding disclosed an alarming situation. In order to find a solution to the problems, a 'Special Committee', consisting of Mr. Justice S. C. Mukhcrji, as Chairman, Director-General-cum-IG. of Police, Bihar, Home Secretary, Government of Bihar, and the Inspector-General of Prisons, Bihar, was appointed. The Committee was directed to find out solution to the problems and submit a report. By order dated 13-12-93 it is clearly noticed that the reasons for the delay of criminal trials were due to Inadequate and absence of appropriate steps being taken on behalf of the State. It was noticed that vans in very many districts were in hopeless condition, etc. Subsequently, reports were also called for from the various District Judges. There are 51 Revenue Districts in this Sttte but the Judicial Districts are only 40. Justice Mukherji submitted a detailed report. Affidavits were also filed by Mr. Justice Mukherji disclosed that in 17 districts prisoners vans were available, some of these vans required repairs, vans in four districts required major repairs, vans in 8 districts were beyond repairs and in respect of 10 districts, new vans had to be purchased The report further states that funds should be made available for repair of old vans, replacement of hopeless vans by purchasing new ones and to purchase new vans where vans are not available. The further report submitted by Justice Mr Mukherji on 14-1-94 disclosed that 8 medium size troop carriers have been allotted to 8 districts and proposal for purchase of 10 new vans were under active consideration of the Government, etc. It is further stated that in 17 districts, where prisoners vans were available but required repairs, steps have already been taken and some of the vans have been repaired. Appropriate directions were prayed for.

(2.) It came to light that apart from the above, for no reason under trial prisoners were not produced in many districts. At least in 4 districts, due to non-availability of handcuffs and shortage of escort party, prisoners were not produced.

(3.) On the basis of the interim report of Justice Mr. Mukherji and the reports received from the District Judges and after perusal of the affidavits and supplementary affidavits filed by the respondents, the matter was heard from time to time. Learned Advocate-General appeared for the State. This Court appointed Mr. Shakeel Ahmad Khan, a Senior Counsel, as amicus curlae.