ORDER

We have heard Mr. Ranjit Kumar, learned Senior counsel appearing as Amicus, assisted by Ms. Binu Tamta, learned counsel and Mr. Tapas Ray, learned Senior counsel appearing for the State of West Bengal, assisted by Mr. H.K. Puri, learned counsel.

2. In our order dated 16th December, 1999, we had traced the history of confinement of Ajoy Ghosh. From the report, submitted by the Chief Judicial Magistrate, dated 15th January, 2000, it clearly emerges that between the period 1964 and 1995, learned Court of A.C.M.M. made no efforts to take any action in the case of the unfortunate lunatic undertrial prisoner Ajoy Ghosh languishing in jail since 1962. Even medical treatment was provided to him only after the High Court intervened. The A.C.M.M. as well as the Jail authorities had taken no action in that behalf. The Superintendent Presidency Jail, Calcutta even later on took no action to send medical reports of the physical and mental state of Ajoy Ghosh from 1964 to 1983 and thereafter till 1995. There may be many like Ajoy Ghosh languishing in West Bengal or other jails of the country. There has been a complete violation of the statutory provisions contained in the Prisons Act, 1900;