D.P.Wadhwa and S.J.Mukhopadhya JJ.

1. This writ application as a public interest litigation has been filed by an Advocate of this Court seeking writ/order/direction to the respondents to provide proper accommodation in police lock-ups in hundreds of police stations in the State of Bihar. He also seeks writ/order/direction for providing proper diet money for the prisoners in custody of the police.

2. This petition was filed in January last year. At that time we were told that Re. 1.00 per diet had been sanctioned for an accused in police lock-up and that two diets were provided in a day. Re. 1.00 per diet these days is just a pittance and during the pendency of this writ application a statement was made that rate per diet has been increased to Rs. 6.00 and that necessary funds were kept at the disposal of the Superintendent of Police in each district of the purpose. Nothing further need be said on this aspect of the matter.

3. As regards provisions of lock-ups in Police Stations, the petitioner complained that there were no lock-ups in many Police Stations. As a matter of fact the Police Manual required that there should be separate lock-ups for women and men. He said that a practice had developed that persons in police custody are being tied to trees or cots under an open sky and these persons were subjected to vagaries of weather. Admittedly such a treatment meted out to persons in police custody is inhuman and is violative of the fundamental rights of the citizens.

4. It was submitted by the respondents that instructions had been issued that in newly constructed Police Stations where there were no lock-ups, the arrested persons should be confined in the lock-ups of the nearest Sub- divisional Police Stations. Mr. Kishore, who appeared for the respondents, however, expressed ignorance if these instructions were being followed in practice or not. We repeatedly gave opportunities to the Director General of Police and the Police Commissioner to come forward with the statement as to when all the Police Stations in the State of Bihar shall be equipped with proper lock-ups separately for women and men. Some affidavits giving vague statements were filed and we expressed our dissatisfaction. Ultimately we directed the respondents to file affidavit giving proper time schedule as to when all the Police Stations shall have proper lock-ups. An affidavit was filed by Mr.. D.P. Maheshwari, Commissioner-cum-Secretary, Department of Home, Government of Bihar, Patna. Some Police Stations have been opened in rented accommodation. Mr. Maheshwari has stated as under:

"That the State Government proposes to complete the construction work of separate police lock-ups for male and female in each police lock ups for male and female in each police station in accordance with the provisions of Rule 239 and 239-A of the Bihar Police Manual in the next five financial years."

That is all what the respondents have to say. Perhaps, violation of instructions contained in the Police Manual have no meaning for the respondents. There could not be any denial that the persons in police lock-ups are being tied to cots and nearby trees to secure them from running away. The casual approach with which the aforesaid affidavit has been filed does not show that any responsible or serious thought has been given to the problem which is too acute to be dealt with so casually by the respondents.

5. It has been admitted that there are 1156 Police Stations in Bihar including railway Police Stations. Out of these 851 Police Stations are in Government premises and the rest 305 are in private buildings. Out of 851 police stations which are functioning in Government premises 817 have pucca structures and the rest 34 are functioning under temporary structures. Out of 817 police stations functioning in pucca structures 801 have at least one police lock up and the rest 16 do not have any police lock-up. Only 358 police stations out of 801 have two separate lock-ups for male an