FREE LEGAL AID COMMITTEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Free Legal Aid Committee, Jamshedpur, a voluntary registered social organisation (for short petitioner -Organisation) has brought this writ petition by way of Public Interest Litigation to award compensation of Rs. 10,000/ - (ten thousand) only against the respondents to be paid to Sukumati Mai Kudada, D/o Sri Gondo, of village Darkundia, P.S. Mujassil, Chaibasa, district Singhbhum (now West Singhbhum), ajuvenile, then aged about 13 years, who was remanded to Seraikella Jail by the Sub -Divisional Magistrate, Seraikella in Misc. Case No. 198 of 1991, a proceeding under Section 107, Cr. P.C., which was in violation of the provisions of Juvenile Justice Act, 1986 (hereinafter to be referred to as the Act'), and she was released from the jail after remaining in illegal custody for about a month and half. It is stated that she, along with others, was taken into custody due to the agitation against Khadi Kharakai Bandh Yojna. The matter came to the light when the Secretary and other members of the petitioner -Organisation visited Seraikella Jail on 7 -5 -1991 and interviewed Sukumati Mai Kudada.

(2.) The Sub -Divisional Magistrate, Seraikella, is the respondent in the writ petition, on whose behalf, a counter -affidavit has been filed sworn by Daud Burh, an Executive Magistrate at Seraikella, who has admitted therein that on 11 -4 -1991 he acted as I/c. Sub -Divisional Magistrate, Seraikella, and on that date he had remanded said Sukumati Mai Kudada, a minor girl, to jail, and she was released on 14 -5 -1991 from the jail/ custody. He has further stated that there was agitation of the villagers against Icha Kharakai Bandh Yojna and large number of agitators were on roads and there was apprehension of breach of peace and in Misc. Case No. 198 of 1991, 63 persons, men and women, were arrested by the Officer -in -Charge, Rajnagar Police Station, and at about 10 p.m. he was ordered by the Sub -Divisional Magistrate to act as In -charge Sub -Divisional Magistrate and to remand the arrested persons to jail custody and at about 2 a.m. on 12 -4 -1991 the arrested persons were brought in a bus and produced before him for remand by the Police Officer. He has given explanation in the counter -affidavit that there was power failure and darkness inside and outside the room and in candle light, he had to do the work and in meagre light he could not see the features and faces of the arrested persons, who were remanded by him and their age had not been mentioned in the police report, and in the circumstances, it could not be known to him whether the minor girl, aged between 12 -14 years, was in the lot, remanded by him. He has further stated in the counter -affidavit that after 11 -4 -1991 the regular Sub -Divisional Magistrate, held Court and on 25 -4 -1991 the girl, namely, Sukumati Mai Kudada, was not physically produced before him, though her custody warrant had been placed, and, ultimately, on 14 -5 -1991 she was released from jail custody. His further stand in the counter -affidavit is that the writ petition at the behest of the petitioner -Organisation is not maintainable, and Sukumati Mai Kudada or her family members have made no grievance of violation of fundamental right and by mistake she had been remanded in the proceeding without any mala fide intention on the part of the respondent, and he undertakes not to commit such mistake in future.

(3.) Mr. B.P. Jaiswal, learned Counsel for the petitioner -Organisation, Mr. A.B. Mahto, J.C. to learned Government Pleader No. II, appearing on behalf of the respondents, have already been heard.