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1991 Supreme(SC) 130

P. B. SAWANT, RANGANATH MISRA
Supreme Court Legal Aid Committee – Appellant
Versus
State Of Bihar – Respondent


ORDER

1. This is an application under Article 32 of the Constitution on behalf of the Supreme Court Legal Aid Committee alleging on the basis of information published in the Illustrated Weekly of India of July 2, 1989 inhumane behaviour meted out to a person in police custody. On notice being issued an affidavit was filed by a Deputy Superintendent of Railway Police, Jamalpur within the State of Bihar narrating the details of the incident in which the victim Mahesh Mahto had been injured when the passengers of a railway train where looting had been done by a crowd had beaten up several persons including the victim. Mahesh had received serious injuries and had to be taken to the hospital for treatment. As no transport was available a rickshaw was hired for the purpose of removing the injured to the hospital. By then the injured had become unconscious and the Havaldar tied him with rope to the footboard of the rickshaw. The counter-affidavit accepts the position that no timely treatment was provided to the injured. Had proper attention been given the injured could perhaps have been saved from the clutches of death. It appears that disciplinary proceedings has been taken against the de



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