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2006 Supreme(Jhk) 424
IN THE HIGH COURT OF JHARKHAND
N. Dhinakar, S.J. Mukhopadhaya, JJ.
Amit Kumar - Appellants
Vs.
State of Jharkhand and Ors. - Respondent
W.W.P. (PIL) No. 1810 of 2004
Decided On : 21.04.2006
For Appellant/Petitioner/Plaintiff: H.K. Mahto, Adv.
For Respondents/Defendant: R. Krishna, J.C. to A.G.
The court has the authority to direct monitoring and reporting on prison conditions to address allegations of human rights violations.
Headnote:
Human Rights - Prison Conditions - The court directed the District Judges to monitor the condition of inmates, particularly food and medical treatment, and ordered the authorities to cooperate with the monitoring process.
Fact of the Case:
The petitioner, an inmate of a central jail, alleged violations of human rights by the jail authorities in providing food, medicine, and sanitation to the inmates.
Finding of the Court:
The court directed the District Judges to visit the jails, inquire into the conditions, and submit reports. It also ordered the authorities to ensure the presence of complaint boxes in the jails and to monitor the status of under-trial prisoners.
Issues: Violation of human rights in prison conditions, denial of allegations by the respondents, need for monitoring and reporting on inmate conditions.
Ratio Decidendi: The court found it necessary to monitor and improve the conditions of inmates in response to the allegations of human rights violations.
Final Decision: The case was listed for further proceedings, and the court ordered the compliance of its directives by the concerned authorities.
1. In this public Interest Litigation, the petitioner, who was an inmate of Birsa Munda Central Jail, Ranchi, has brought to the notice of this Court the present condition of the inmates. It is alleged that the Jail authorities are violating the human rights by not providing them with appropriate prescribed food, medicine, sanitation etc.
2. A counter affidavit has been filed on behalf of the respondents, wherein, they have tried to deny the allegations, made in the writ petition.
3. However, we are of the view that the matter should be monitored by he District Judges of each district of the State. Accordingly, the following orders are being passed for the present:
(i) The Judicial Commissioner, Ranchi/District Judges of all the districts are directed to visit their respective jail, enquire into the condition of the inmates, particularly, the food, as is being supplied, and the medical treatment, as is being given to the inmates, and will submit the report to this Court by the next date. The last paragraph of the report should be the gist of the report to find out whether any action is required to be taken;
(ii) The Inspector General of Prisons, respective Jail authorities and the district administration of all the districts are directed to co-operate with the Judicial Commissioner, Ranchi/District Judge concerned;
(iii) The State authorities are directed to ensure that a complaint box is kept inside each of the Jail (Central Jail, District Jail, Sub-Jail) and the key of he lock should be kept with the respective Judicial Commissioner, Ranchi/District Jude of the concerned district. The Judicial Commissioner, Ranchi/District Judge concerned, in his turn, will open the complaint box in the first week of every month and will submit report to this Court, if so required; and
(iv) The Judicial Commissioner, Ranchi/District Judge of each district will also enquire as to how many under-trial prisoners are languishing in jail without trial since more than three years; the offences for which they are being tried and will submit report to this Court.
4. List this case under the same heading on 17th May, 2006 at 4.00 p.m.
5. Let a copy of this order be handed over to the learned Counsel for the parties and be also forwarded to the Judicial Commissioner, Ranchi and the District Judges of all the districts through FAX for compliance.
