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2016 Supreme(Raj) 21
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, J. K. RANKA, JJ.
Suo Motu – Petitioner
VERSUS
The State of Rajasthan through its Additional Chief Secretary, Home Department, Government of Rajasthan- Respondents
D.B. CWP (PIL) NO. 2808/2012
Decided on : 27.01.2016
Advocate Appeared:
Mr. Prateek Kasliwal, Amicus Curiae with Mr. Pushkar Taimni.
Mr. J.M. Saxena, AAG with Mr. Anurag Kalawatia, for the respondents.
Mr. Vagish Kumar Singh, for the intervenor.
Mr. Shankar Singh, Superintendent, Central Jail, Jaipur; Mr. Mahesh Chandra Bairwa, Dy. Superintendent, Jail, Headquarters and Mr. Rajpal Singh, Deputy Superintendent, Central Jail, Jaipur, present in person.
Headnote:
Criminal Procedure Code - Section 174 – Power to Summon Persons - Comprehensive order - Public Works Department - Court is aimed at improving the conditions of jails in the State of Rajasthan. Notices of the petition were ordered to be issued to as many as seven respondents namely; (1) through its Additional Chief Secretary, Home Department, Government of Rajasthan, Government Secretariat, (2) Principal Secretary to the Government, Finance Department, Government, Government Secretariat (3) Principal Secretary to Government, Medical and Health Department, Government of Rajasthan, Government Secretariat (4) Secretary to the Government, Department of Technical Education, Government of Rajasthan, Government Secretariat (5) Director General of Police (Prisons) State of Rajasthan (6) Director, Local Bodies and Local Self Department, Government of Rajasthan and (7) Deputy Director General, National Informatics Center, Government Secretariat, Jaipur. We are informed that administrative department – Held, Judges indicate that in all 514 prisoners died in the Central Jails of the State while serving sentence during last ten years, out of which 178 prisoners alone have died in Central Jail - Disturbing note that in many of the aforesaid reports cause of death of the prisoners has not been indicated on the premise that their post mortem reports have not been received. The respondents are directed to update their records about each one of the deaths and submit their report. In future, concerned Chief Judicial Magistrate shall be responsible for conducting proceedings under Section - Government of Rajasthan and other officials impleaded as respondents to this petition shall be responsible for compliance of this order and implementation of the directions issued by this order shall be monitored by the Chief Secretary, Government of Rajasthan, Jaipur, who shall once in every month evaluate the implementation of various directives and file action taken report/progress report before this Court at the beginning of every succeeding month starting - order be endorsed to the Chief Secretary and Additional Chief Secretary, Home Department, Director General(Prisons) and Additional Advocate General – Ordered Accordingly
(PER HON'BLE MR. MOHAMMAD RAFIQ, J.):
Initiation of instant suo motu proceedings by this Court is aimed at improving the conditions of jails in the State of Rajasthan. Notices of the petition were ordered to be issued to as many as seven respondents namely; (1) The State of Rajasthan through its Additional Chief Secretary, Home Department, Government of Rajasthan, Government Secretariat, Jaipur; (2) The Principal Secretary to the Government, Finance Department, Government of Rajasthan, Government Secretariat, Jaipur; (3) The Principal Secretary to the Government, Medical and Health Department, Government of Rajasthan, Government Secretariat, Jaipur; (4) The Secretary to the Government, Department of Technical Education, Government of Rajasthan, Government Secretariat, Jaipur; (5) The Director General of Police (Prisons) State of Rajasthan, Jaipur; (6) The Director, Local Bodies and Local Self Department, Government of Rajasthan, Jaipur and (7) The Deputy Director General, National Informatics Center, Government Secretariat, Jaipur. We are informed that administrative department of I.T.I.'s is now named as Skill, Planning and Entrepreneur Department, Government of Rajasthan, Government Secretariat, Jaipur. We, therefore, implead Secretary, Skill, Planning and Entrepreneur Department, Government of Rajasthan, Government Secretariat, Jaipur and Principal Secretary, Public Works Department, State of Rajasthan, Jaipur as party respondents No. 8 in this petition.
This Court by a detailed and comprehensive order passed on 14.03.2014 indicated specific areas, viz. Sanitation, Food, Health Care, Recreational Activities, Educational Activities, Vocational Activities, Infrastructure and Welfare, for improving the conditions of jails in the State of Rajasthan. In order to comprehend the magnitude of the problem and ascertain the situation prevalent in the Jails, this Court in the first instance, directed District and Sessions Judges as well as Chief Metropolitan/Judicial Magistrates posted at Divisional Headquarters of the State, viz. Jaipur, Jodhpur, Udaipur, Ajmer, Bikaner, Kota, Bharatpur, where the Central Jails are located, to make sudden inspection on any day within next six weeks and privately interview as many prisoners as they may consider necessary and submit their report to this Court. Reports of inspection carried out in all seven Central Jails indicate pathetic and sub-human conditions in which the prisoners are made to stay, especially in regard to sanitation, quality of food, infrastructure, vocational and recreational activities. When the matter was listed before the Court on 10.12.2014, copies of reports of inspection of various Central Jails carried out by District & Sessions Judges were ordered to be provided to learned Additional Advocate General with direction to file affidavit of Additional Chief Secretary, Home, Government of Rajasthan on all such aspects.
Various compliance reports supported by the affidavits have been filed even thereafter. Additional Chief Secretary, Home Department, State of Rajasthan in his detailed affidavit filed in response to the order dated 28.01.2015, produced on record several documents showing the steps taken by the State to improve the conditions of the jail in the State of Rajasthan. Another affidavit was filed by him on 12.03.2015. Thereafter, yet another affidavit was filed by the Additional Chief Secretary, Home Department, State of Rajasthan on 21.04.2015 detailing out further steps taken by the State to improve the conditions of the jails in the State of Rajasthan. Affidavit was also filed by Executive Engineer, Directorate, Local Bodies, Rajasthan, Jaipur on 07.07.2015 followed by his another affidavit filed on 20.11.2015 regarding cleanliness of the jails. Deputy Superintendent, Jail Headquarter, Jaipur has also filed one more affidavit on 21.11.2015 placing on record subsequent developments.
Additional Chief Secretary, Home Department, State of Rajasthan in his affidavit
