BISHWANATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Report has been filed by Shri Nilesh Kumar, Advocate in pursuance of the Court's order dated 23/01/2000. Along with the Report, Shri Nilesh Kumar has annexed a copy of the communication dated 22/01/2000, from the Medical Superintendent, RINPAS, Kanke, Ranchi, addressed to the Divisional Commissioner, South Chotanagpur, Ranchi, enclosing also therewith a list of 48 inmates of the Institution (RINPAS) and informing the Divisional Commissioner, South Chotanagpur, Ranchi that these 48 persons are now mentally fit for being discharged from this Institution.

(2.) This case was filed as Public Interest Matter after this Court received a Postcard from eight Inmates of RINPAS alleging that despite their having now been declared medically fit, they are being kept un-authorisedly and illegally in the aforesaid Lunatic Asylum and are not being discharged. Having treated the aforesaid postcard as Public Interest Litigation (P.I.L.), we requested Mr. Nilesh Kumar, Advocate to help up with this noble cause and he, we must say very categorically, very very painstaking, has prepared his Report, which we have noticed above.

(3.) Mr. A. K. Sinha, learned Senior Counsel appearing for the Director, RINPAS, has also supported the contention of Mr. Nilesh Kumar that these 48 persons having now been found to be medically fit and deserving to be discharged from the Lunatic Asylum should be taken over by the concerned Jails but due to the apparent culpable apathy and illegal neglect on the part of the concerned Jail Superintendents/Police Officers/Courts, this is not being done. We have taken a very serious view of this criminal lapse on the part of these Institutions in not responding to the call of RINPAS and to take back the aforesaid 48 persons.