2004 Supreme(AP) 1095
Andhra Pradesh High Court
Judges : G.BIKSHAPATHY, S.R.K.PRASAD
All Inmates of Borstal School, Nizamabad - Appellant
Versus
Superintendent, Borstal School, nizamabad - Respondent
Decided On : 09-29-04
Headnote:
Indian Penal Code, 1860 - Section 324 - A. P. Borstal Schools Act – Offence - Inhuman and ill-treatment of the convicts – Juveniles - Inhuman and Barbarous custodial tortures committed by the jail officials on the inmates of Borstal school, The ill-treatment made to one of the inmates driven him to commit suicide - Further, it is stated that the inmates are being beaten by making them naked – Held, Court issue the following directions - Government shall constitute an enquiry committee headed by a senior IAS/IPS officer and conduct the enquiry with minutous details - Government shall initiate departmental as well as criminal action against the officers concerned including the then superintendent of Borstal School, and the Assistant superintendent and all other persons either directly or remotely connected with the incident, if necessary, the matter relates to criminal investigation, may be entrusted to CBCID - Committee shall also be directed to carry out similar enquiry in respect of other Borstal schools in the State - It shall be competent for the committee to suggest ways and means to ensure the functioning of the schools more effectively and efficiently - Writ Petition disposed of
( 1 ) THIS Writ Petition was registered as taken up case.
( 2 ) A most heinous treatment and unheard of Government excesses have seen the light of the day. Tiny letter became nightmare and troubleshooter for the offences of the government Borstal School, Nizamabad we have been noticing inhuman and ill-treatment of the convicts, but this epidemic appears to have spread to the Borstal schools where juveniles are housed. The legislation, which established the Borstal schools under A. P. Borstal Schools Act to enable the juveniles to reach the brighter side of their life, is feeling shy to face the inmates whose future is doomed in the hands of the executives.
( 3 ) AN anonymous complaint was sent on behalf of the inmates of Borstal School, nizamabad District, alleging inhuman and barbarous custodial tortures committed by the jail officials on the inmates of Borstal school, Nizamabad. It is also stated that the inmates were subjected to brutal beatings and inserting lathi with chilli-powder in the anus of one of the inmates. The ill-treatment made to one of the inmates driven him to commit suicide. Further, it is stated that the inmates are being beaten by making them naked.
( 4 ) AFTER registering the case, notice was ordered to the respondents. The learned government Pleader for Home appeared for the respondents.
( 5 ) A counter has been filed by the Deputy inspector General of Police, Telangana region, Hyderabad. In the counter it is admitted that since certain irregularities have taken place, an enquiry was ordered and in that regard one Mr. M. Chandrasekhar, superintendent of Jails, Central Prison, cherlapally was directed to conduct the enquiry. The enquiry proceedings have been placed before the Court. The counter reveals most unhappy and agonising situation prevailing in the school. Paras 5, 6, 9 and 10 are extracted below:5. I respectfully submit that as per the report submitted by the enquiry officer, borstal inmate No. 608 M. Adinarayana stole Rs. 200/- from the desk of sri B. Vishwanatham, the then Asst. Superintendent on 28-1-2004. Thereupon, Sri B. Vishwanatham beat the inmate in the presence of the then superintendent Sri D. Kesanna and the victim as well as other co-inmates have also stated that Sri B. Vishwanatham committed certain atrocities on the victim. I submit that the truth with regard to allegation of inserting lathi into the rectum of the inmate is under verification, as the then Medical Officer has not recorded any injuries to that effect in the medical journal on 29-1-2004 when the inmate was examined. The then Medial Officer who has since been transferred is being traced to record the statement. 6. I respectfully submit that since the allegations of atrocities were prima facie established, the Director General of Prisons and Correctional Services immediately initiated disciplinary action against the concerned officers. Sri B. Vishwanatham, the then Asst. Superintendent, Borstal School nizamabad and presently working as superintendent, Sub jail, Bapatla was placed under suspension in Director general of Prisons Procs. No. EB3/460/ 2004-3 dated 11-9-2004. Sri Mamoon masood who is working as Case worker, at Borstal School was ordered to be transferred on administrative grounds pending disciplinary action and posted to a non-focal post as jailor, District Sub Jails Officer, srikakulam District vide Director general of Prisons Memo. No. EB3/460/ 2004-3 dated 13-9-2004. As sri D. Kesanna, the then superintendent Borstal School, nizamabad has since retired from service, Government were addressed vide Director General of Prisons lr. No. EB3/460/2004, dated 13-9-2004 to initiate appropriate disciplinary action against him. A copy of the letter is herewith enclosed. 9. As regards the allegations of escape of two inmates, I respectufully submit that two inmates namely Kalla David raju and Bathina Hari Babu escaped from Borstal School on 1-2-2004 by scaling over the wall. I submit that they were