Y. K. Sabharwal, J.

( 1 ) A telegram received from undertrial Kuldip Singh who was confined in Central Jail,tihar, was treated as a writ petition which is being disposed of by this judgment. The telegram bears the stamp of Telegraph office dated 9th October, 1990. It has been,inter-alia, alleged in the telegram that on 5th October, 1990 Deputy Superintendent of Jail No. 4 Sh. Garg who was having old enmity against Kuldip Singh gave ruthless beatings with rods and dandas and Kuldip Singh received severe injuries all over the body; the said injuries were grevious; he was left unconscious; no medical aid was provided to him and that his life was in danger. Alleging in the telegram that no report was registered by the Police, directions have been sought for registration of a case against Garg and his associates. The telegram purports to have been sent by Kuldip Singh through Satnam Singh.

( 2 ) BY orders dated 17th October, 1990 while issuing notice to respondents to show cause why the petition shall not be admitted directions were issued to Jail Superintendent to provide all necessary aid to Kuldip Singh and to also get him examined by the Medical Officer.

( 3 ) IN reply two affidavits were filed, one by Darshanlal Sharma, Deputy Superintendent, Central Jail No. l and other by Ved Prakash Garg, Deputy Superintendent Jail No. 4.

( 4 ) IN his affidavit Darshanlal Sharma stated,inter-alia,that on 5th October,1990 there was organised attempt of escape from the prison and force was used to foil the said attempt of escape. Garg in his affidavit stated,inter-alia, that he was called by senior officers to assist the authorities in controlling violence in jail on 5th October, 1990 and denied the allegations of beating the petitioner.

( 5 ) THE Bench/on 20th November, 1990, after giving personal hearing to Kuldip Singh and on not being satisfied with the explanation offered in the affidavits directed the Session Judge to conduct an enquiry and submit a report to this court. As Kuldip Singh complained of a possible fracture in his right hand and denial of proper treatment, the Bench directed the Jail Superintendent to send him immediately to Orthopaedic Surgeon so that he gets proper treatment. It is not clear from the record whether the direction in regard to sending the petitioner to Orthopaedic surgeon were complied with or not but for the present purpose that aspect is not of much relevance.

( 6 ) PURSUANT to the aforesaid directions and after taking into consideration the statements of various persons recorded during course of enquiry and also documents produced, the enquiry report dated 9th January 1991 was submitted by Sh. J. P. Singh, learned Additional District and Sessions Judge. In the report the learned Judge has found,inter-alia, that Kuldip Singh was given beatings with rods, pipes and lathis by Ved Prakash Garg and his associates, he was dragged out from the Cell and on being satisfied that he had died they left. Kuldip Singh,however, survived and sent the complaint.

( 7 ) AFTER the receipt of report from Sh. J. P. Singh opportunity was again afforded to respondents to file the replies. The Jail Superintendent Sh. Akash Mahapatra submitted his affidavit and stated,inter-alia, that in the incident dated 5th October, 1990, in view of alarming situation minimum force was used to quell the riots and jail break attempt in which 41 prisoners of Ward No. 2 itself and 110 more prisoners from other Wards were injured and they were duly forwarded to outside hospitals for treatment by ateam of medical doctors. At the relevant time Kuldip Singh was confined in Cell No. 4 of Ward No. 2 in Central Jaill No. l. Mahapatra says that Kuldip Singh was one of the persons participating in the riots and attempt to jail break alongwith many others of that Ward.

( 8 ) THE affidavit of Garg has given certain details in respect of the incident dated 5th October 1990. Garg says:-

"that on 5. 10. 1990 there was a preplanned and a serious attempt by alarg

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