Bilal Nazki, J.

All these writ petitions raise same questions and relate to the same incident. For the purpose of facts, we are taking Criminal Writ Petition No. 1377 of 2008 as it is more comprehensive than the other petitions. The writ petitions have been filed either by the prisoner or the person interested in their welfare. The prisoners are involved in some serious offences.

2. In this writ petition, which is filed on behalf of Mohd. Sohail Mehmood Sheikh, the son of the prisoner has stated that while in Bombay Central Prison, on several occasions prisoner was pressurized to become an approver by the Anti Terrorism Squad with the help of Jail Authorities. The prisoner complained to various authorities, he suffered mental agony, physical harm and abuse from Mrs. Swati Sathe, the Superintendent and Jailor Mr. Govind Patil.

3. On 28th June, 2008, Sohail and other 27 prisoners were brutally, inhumanly and savagely beaten up by the Jail authorities along with other convicts and gangsters by lathis, batons, belts and stone. Sohail was left unconscious, profusely bleeding, scarred with abrasions and cut wounds. The other prisoners also got seriously injured. Some of them got head injuries and fractures. Later on, Sohail was transferred to Nagpur Central Prison. According to this writ petition, on 28th June, 2008, 40 prisoners were mercilessly beaten in the Arthur Road Prison. One of the prayers in the writ petition was that the judicial probe be ordered into the incident of alleged assault on the prisoners dated 28th June, 2008.

4. Affidavit was filed in reply by Mrs. Swati Madhav Sathe, Superintendent of Mumbai Central Prison. In her reply, she stated that on 17th March, 2008 she submitted a letter to the Special Judge under MCOC Act requesting transfer of accused persons in MCOC Case Nos. 16/2006, 21/2006 and 23/2006 to other jails. The request was made on the basis that the Jail had the capacity to have 804 prisoners, whereas at that point of time it had 2500 prisoners. The Supreme Court had stayed the proceedings of the three cases i.e. MCOC Case Nos. 16/2006, 21/2006 and 23/2006 and the prisoners in these cases were not needed to be produced in the court. The learned Judge granted liberty to transfer the accused as per rules and regulations. The Inspector General of Prisons, thereafter, ordered transfer of 37 under trial prisoners to different prisons as per the Prison Manual by order dated 27th June, 2008. On 27th June, 2008, the Jail Authorities requisitioned a squad from Police Head Quarters and on 28th June, 2008 the Police escorts reached the jail. She stated that on 28th June, 2008, announcements were made requesting 32 under trial prisoners to gather near Lal Gate in the prison premises. At 11.40 hrs. 7 prisoners were transferred to Ratnagiri Special Jail. Other 19 under trial prisoners were sitting outside. Two under trial prisoners, who were lodged in high Security Cell were also sitting there. Two under trial prisoners, namely, Kamal Ahmed Vakil Ansari and Dr. Tanveer Mohd. Ibrahim Ansari refused to leave their Cell. The Jail Authorities tried to explain to the under trial prisoners that they should leave the Cell. These under trial prisoners refused to listen to the Jail Authorities and started using abusive language and misbehaved with the Jail Authorities. Mr. Kamal Ahmed Vakil Ansari snatched the baton from Jail Guard and started assaulting the Jail Officer. She tried to intervene but was abused. These two under trial prisoners started giving anti national and provocative slogans like, "Pakistan Jindabad, Hindustan Murdabad. Hamne Judge Bhatkar Ko Hataya, Giraya To Tum Kya Ho?" After listening to these slogans, 21 under trial prisoners, who had gathered near Lal Gate also started giving similar slogans. Those 21 under trial prisoners charged towards the Jail Officials, Warden and Watchmen and assaulted them with bricks and stones. The said 21 under trial prisoners also tried to approach the High Se