Advocates:
PREM MALHOTRA

Based on the provided legal document, here are the key points:

• The respondent, Rajesh Ranjan @ Pappu Yadav, was in judicial custody charged with offences under Section 302 and Section 120B of the IPC (!) (!) (!) .
• While in custody, the respondent was found addressing an election meeting in Madhepura, an act not permitted under the authority of a production warrant issued by the Fast Track Sessions Court (!) (!) (!) (!) .
• The respondent was not taken to Adarsh Jail, Beur, Patna, as directed after bail cancellation; instead, he was accommodated in a special ward at Patna Medical College with unauthorized staff and personal visitors (!) (!) (!) (!) .
• Despite being out on bail granted by the High Court, the respondent allegedly hosted a party for co-prisoners and entered the Jail premises unauthorisedly to visit prohibited areas (!) (!) (!) (!) .
• While in custody, the respondent used a seized cell phone and interacted with hard-core criminals, violating jail rules regarding visitor meetings and political conversations (!) (!) (!) (!) .
• The respondent's counsel argued that as an elected Member of Parliament, he was entitled to superior visitation rights and that transferring him would violate his fundamental rights (!) (!) (!) (!) .
• The Court held that the fundamental rights of a prisoner under Article 21 are not absolute and are circumscribed by the Jail Manual and relevant statutes (!) (!) (!) (!) .
• The Court ruled that it has the jurisdiction under Article 142 of the Constitution to transfer a prisoner from one State to another to ensure the rule of law is not flouted with impunity (!) (!) (!) (!) .
• The Court directed the transfer of the respondent from Beur Jail, Patna (Bihar) to Tihar Jail, Delhi to prevent further illegal activities and ensure strict monitoring (!) (!) (!) .
• The trial in Patna shall continue without the physical presence of the respondent, utilizing video conferencing facilities, unless a specific need arises for his presence regarding a witness statement (!) (!) (!) (!) .
• The respondent is entitled to visitation rights as provided under the Tihar Jail Manual, strictly confined to persons entitled under that manual, without any special privileges (!) (!) (!) .

http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 9

CASE NO.:

Appeal (crl.) 1129 of 2004

PETITIONER:

Kalyan Chandra Sarkar

RESPONDENT:

Rajesh Ranjan @ Pappu Yadav & Anr.

DATE OF JUDGMENT: 14/02/2005

BENCH:

N.Santosh Hegde & S.B.Sinha

JUDGMENT:

J U D G M E N T

CRIMINAL MISCELLANEOUS PETITION NO. 10422 OF 2004

IN

CRIMINAL APPEAL NO. 1129 OF 2004

SANTOSH HEGDE, J.

The respondent herein Rajesh Ranjan @ Pappu Yadav was

in judicial custody. Pursuant to the cancellation of bail by this

Court, he was charged for offences punishable under Section 302

read with Section 120B of the IPC and was to be kept in Adarsh

Jail, Beur, Patna.

When he was supposedly in such judicial custody this Court

noticed from Media report that on 4th of May, 2004 he was found

addressing an election meeting in a place called Madhepura.

Noticing the same, a report was called for from the concerned

authorities to apprise this Court on what authority the respondent

was found in Madhepura on that day and how he was permitted to

address a public meeting.

The reports were received from Home Secretary, State of

Bihar, the Investigating Agency (CBI) and the Presiding Officer,

Fast Track Sessions Court, Madhepura.

The above reports showed that Fast Track Sessions Court,

Madhepura in a pending trial before it had issued a production

warrant and pursuant to the said warrant respondent was taken to

Madhepura. Report also stated that the said day was declared as

holiday, therefore, he was produced before the Jurisdictional

Magistrate and was remanded back to custody. The reports did

not, however, indicate on what basis the respondent was permitted

to address a political meeting while he was still under custody. The

averment in the report filed by the CBI shows that the respondent

in collusion with the police authorities accompanying him to

Madhepura addressed a public meeting and the escort

accompanying him took him to various places which the

respondent wanted to visit beyond the scope of the production

warrant.

The correctness of the issue of the production warrant by

Fast Track Court has been directed by us to be investigated by the

District & Sessions Judge, Madhepura and the report of the said

Judge as well as the explanation given by the Presiding Officer,

Fast Track Court is under consideration of this Court and it is not

necessary to deal with the same at this stage. Suffice it to note that

the respondent had misused the authority of the production

warrant issued by the Madhepura Fast Track Court.

http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 2 of 9

During the above inquiry, we also came to know that

pursuant to the order of this Court canceling his bail on 12th of

March, 2004, we had directed the respondent to be taken into

custody but in effect the respondent was never taken to the Jail.

When he was arrested after the cancellation of bail and taken to

Patna very surprisingly an urgent Medical Board was constituted to

examine the respondent which immediately on its constitution

and examination of the respondent directed that the respondent

required medical treatment at Patna Medical College, hence,

directed his stay in the said medical college. Though Patna

Medical College Hospital has a separate prisoner cell for their

treatment, under the special orders of Doctor concerned and the

Superintendent of the hospital, petitioner was accommodated in a

special ward. The accommodation provided was not only for the

respondent but also for his personal staff and others whose

presence with respondent was unauthorised. Reply filed by the

Superintendent of Patna Medical College and the concerned

Doctor who advised his being kept in a special ward is full of

contradiction as to why and who ordered his treatment in a special

ward. A separate inquiry is being conducted by this Court in this