BASANT KUMAR CHOUDHRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application as a public interest litigation has been filed by an Advocate of this Court seeking writ/order/direction to the respondents to provide proper accommodation in police lock ups in hundreds of police stations in the State of Bihar. He also seeks writ/order/direction for providing proper diet money for the prisoners in custody of the police.

(2.) This petition was filed in January last year. At that time we were told that Re. 1/- per diet had been sanctioned for an accused in police lock up and that two diets were provided in a day. Re. 1/- per diet these days is just a pittance and during the pendency of this writ application a statement was made that rate per diet has been increased to Rs. 6/- and that necessary funds were kept at the disposal of the Superintendent of Police in each district of the purpose. Nothing further need be said on this aspect of the matter.

(3.) As regards provisions of lock ups in police stations, the petitioner complained that there were no lock ups in many police stations. As a matter of fact the Police Manual required that there should be separate lock ups for women and men. He said that a practice had developed that persons in police custody are being tied to trees or cots under an open sky and these persons were subjected to vagaries of weather. Admittedly such a treatment meted out to persons in police custody is inhuman and is violative of the fundamental rights of the citizens.