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TMI Blog1982 (5) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in jail for years behind stone walls and iron bars, deprived of freedom and liberty which are the inalienable rights of a human being, would have continued to remain in jail without any hope of ever Walking out of its forbidding environment and breathing the fresh air of freedom. These prisoners were lost in the oblivion of time and had become merely ticket numbers in the Hazaribagh Central Jail. All that they could do was to cry in despair. How long, with their cry unheeded arid unanswered. The letter of the Free Legal Aid Committee : Hazaribagh brought the plight of these prisoners to the notice of the Court and treating this letter as a writ petition, the Court issued notice to the State of Bihar for the purpose of ascertaining the facts in regard to these prisoners. We are happy to note that the State of Bihar has responded to the notice of the Court and filed a counter-affidavit frankly and unreservedly giving detailed particulars in regard to 16 prisoners in Bazaribagh Central Jail who were insane or of unsound mind at the date when they were received in the jail and who, barring two out of them, are still rotting in jail. The learned Counsel appearing on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or safe custody is not at all a healthy or desirable practice, because jail is hardly a place for treating those who are mentally sick We cannot therefore order release of the above mentioned prisoners' but we would direct the Superintendent of the Hazaribagh Central Jail to have these Prisoners examined by the Psychiatric Specialist attached to the Mansik Arogayashala Kanke or any other Psychiatric Specialist once every six months and submit a report of such examination to the District Judge, Hazaribagh and if as a result of such examination it is found at any stage that the prisoner concerned has become sane or has regained his soundness of mind, the District Judge will immediately order his release from the jail and the State Government will provide him the necessary funds for meeting the expenses of his journey to his native place as also for his maintenance for a period of one week. Since these prisoners have already been in jail for a period of over 25 years and it is now provided by Section 428 of the CrPC 1973 that the period during which an accused has been in jail as an under-trial prisoner should be taken into account for the purpose of computing the period of the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransferred to Hazaribagh Central Jail on 2nd September 1945. He was kept under observation in the Hazaribagh Central Jail since he appeared to be of unsound mind and by an order dated 3rd July 1948, it was directed that he should be kept in safe custody in the Hazaribagh Central Jail and given proper medical treatment until a bed was available in Ranchi Mansik Arogyashala, Kanke. Meanwhile, it appears he attempted suicide on 21st September, 1946 and this was reported to the Deputy Commissioner, Hazaribagh, with the result that an offence under Section 309 of the IPC was registered against him and the case was transferred to the file of the court of the Judicial Magistrate First Class, Hazaribagh. Obviously, the case could not be proceeded with, since Gomia Ho was of unsound mind and incapable of making his defence as found from medical examination conducted by the Civil Surgeon, Hazaribagh on different occasions in May 1947, January 1948 and April 1948. The court of the 1st Class Judicial Magistrate, Hazaribagh therefore postponed further proceedings against him and ordered him to be detained in safe custody in Hazaribagh Central Jail under Section 466 of the old CrPC. It does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntendent, Hazaribagh Central Jail was he is quite well behaved and is able to give fair account, good insight, well oriented, sane for disposal. The Law (Judicial) Department directed the Superintendent of Hazaribagh Central Jail by their letter dated 18th September, 1972 to find out the relatives of Gomia Ho who would be prepared to take delivery of him and to take care and custody on proper security. Then again there was official amnesia for a period of about one year and it was only on 24th August, 1973 that the Superintendent Hazaribagh Central Jail wrote to the officer in-charge, Mancharpur Police Station, District Singhbhum to inform the relatives of Gomia Ho that if they desired to take delivery of him on proper security, they should submit a written petition to that effect and for ward the same to the Superintendent for necessary action. It seems that no reply was received from the Officer in-charge Mancharpur Police Station and several reminders had to be sent to him, the last of such reminder being sent on 5th April, 1974. Then again there was silence of the graveyard so far as Gomia Ho was concerned. Everyone seemed to have forgotten about him. He went on rotting in ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re quash the charge against him under Section 309 and direct that he shall be set at liberty forthwith and he shall be paid by the State Government at the time when he is discharged from the jail sufficient funds to provide for the expenses of his journey to his native place as also maintenance for a period of one week. 5. The story of Bhondua Kurmi is equally sad and distressing. He was charged for an offence under Section 302 of the Indian Penal Code but on account of his being of unsound mind at the time of commission of the offence, he was acquitted by the Addl. District Sessions Judge, Hazaribagh on 20th April, 19:6 and was directed to be kept in safe custody and under proper treatment in the Hazaribagh Central Jail pending the orders of the State Government. The result was that he was admitted in the Hazaribagh Central Jail on 20th April, 1956. The State Government thereafter by their letter dated 26th July, 1956 ordered that Bhondua Kurmi be detained in the Hazaribagh Central Jail. Now in the, case of Bhondua Kurmi also, it does not appear from the record as to whether any half yearly reports about his mental condition were forwarded by the Superintendent, Hazaribagh Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Superintendent, Hazaribagh Central Jail therefore by his letter dated 10th May, 1972 again apprised the State Government of the mental condition of Bhondua Kurmi and requested for necessary orders for his release. We should have thought that atleast within a month after receipt of this letter dated 10th May 1972, Bhondua Kurmi would have been able to breathe the fresh air of freedom, but that was not to be. What happened thereafter is, to say the least, fantastic. Some controversy arose as regards the name of this unfortunate prisoner, namely, whether it was Bhondua Kurmi or Bandhu Mahter and this controversy went on for a period of almost 9 years. It is a sad commentary on our entire administrative system-indeed it is disgraceful- that when a prisoner is rotting in jail without the slightest justification, a controversy should be carried on between different departments of the government as to what is the name of the prisoner and on that account, he should have to continue in jail for a period of nine years. It is something of which any administration should be ashamed and we hope and trust that such an incident will never recur in the State of Bihar or in any other State. Per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinue to remain in jail after 24th January 1982 when he was declared sane by Dr. A.K. Prasad. It is true that a case for an offence under Section 302, I.P.C. is pending against him in the Court of the Additional Sessions Judge, Darbhanga, but it is no use prosecuting him for that offence, because he has already been in jail for a period of 19 years and if that period is taken into account, as it must be, under Section 428 of the CrPC 1973, he would not have to suffer any further imprisonment even if convicted. We would therefore quash the charge against Hiralal Gope and direct that he shall be set at liberty forthwith and the State Government will provide him necessary funds for the purpose of meeting the expenses of his journey to his native place as also maintenance for a period of one week. 7. The case of Raghunandan Gope also stands on the same footing. He was charged for an offence under Section 302 of the Indian Penal Code for committing the murder of one Banshi Malla in a fit of insipidity on 14th September 1950 and he was first lodged in Muzaffarpur Central Jail and since he was found to be of unsound mind and in capable of making his defence, the State Government by an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted by him in a fit of insanity and secondly, because he has already undergone imprisonment for a period of more than years and even if he is convicted of the offence of murder, he would not be required to undergo any further imprisonment. We would, therefore quash the charge against Raghunandan Gope and direct that he shall be set at liberty forthwith and the State Government will provide him the necessary funds for meeting the expenses of his journey to his native place as also maintenance for a period of one week. 8. We then turn to consider the case of Francis Purti at serial No. 8 in the list. He was first remanded to jail custody on 4th December 1966 for an offence under Section 302 of Indian Penal Code and lodged in the Kunthi Sub Jail. He was committed to the Court of Sessions on 21st February 1968 and thereafter transferred from Kunthi Sub Jail to Central Jail Ranchi on 2nd June 1968. Since it was found that he was of unsound mind at the time of commission of the offence, he was acquitted by the Sessions Court and ordered to be detained in Ranchi Central Jail in safe custody and under proper treatment under Section 471 of the old Criminal Procedure Code. He was therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March 1968. He was kept under medical observation from 26th March 1968 to 26th April 1968 and it was found that he was of unsound mind and needed treatment in a mental hospital. We do not know what medical treatment was given to him after April 1968 but the record shows that when he was examined by the first Assistant Superintendent, Mansik Arogayashala, Kanke on 10th January 1972 he was found to have become sane. Though he was declared sane according to the medical report given on 10th January 1972, no steps for releasing him from the jail were taken until 29th May 1972 when the Superintendent Hazaribagh Central Jail forwarded the medical report to the Sub-Divisional Officer Hazaribagh for necessary order for his release. The Sub-Divisional Officer, Hazaribagh however consigned this report to oblivion and slept over the matter forgetting that an innocent person was undergoing incarceration in the Hazaribagh Central Jail since 29th May 1972. It seems several reminders were sent to the Sub-Divisional Officer, Hazaribagh and the last reminder sent to him was on 10th December 1979. But human callousness knows no bounds and there was no response from the Sub-Divisional Officer, Hazarib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s perhaps not very much concerned about the illegal detention of one solitary individual who did not have the means or the capacity to move the court for his release or even to bring his piteous tale to the notice of the authorities, with the result that no action was taken by the Law (Judicial) Department for release of Kamla Singh. Kamla Singh continued to languish in jail for a period of almost four years even after he was declared to be sane and this happened, even though he was acquitted of the offence charged against him and no case was pending against him. On 24th January 1982 he was examined by Dr. A.K. Prasad and again confirmed as sane. In the circumstances, we do not see any reason why he should have to continue in jail even for a day more and we accordingly direct that he shall be set at liberty forthwith and the State Government will provide him the necessary funds for meeting the expenses of his journey to his native place as also maintenance for a period of one week. 11. The last case is that of Hiralal who has been in Jail since 31st August 1948. He was committed to the Court of Sessions for an offence under Section 302 of the Indian Penal Code and he was admitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 32 years and as we have said before, even after conviction for the offence under Section 302, he would have some term of imprisonment to his credit. We therefore quash the charge against Hira Lal and direct that he may be set at liberty forthwith. The State Government will provide him necessary funds for the purpose of meeting the expenses of his journey to his native place as also maintenance for a period of one week. 12. The State Government has also given the history sheets of several other prisoners who are of unsound mind. We have not examined these cases because they are all convicted and sentenced for different offences and their sentence is yet to expire. We cannot therefore judicially interfere in their cases, but we hope and trust that the State Government will provide the necessary medical treatment to these prisoners and if necessary or desirable, have them treated at the Mansik Arogyashala, Kanke. We would direct the State Government in the cases of these prisoners to have half-yearly reports about their mental condition submitted by the Superintendent, Hazaribagh Central 23' Jail to the State Government. We would also like to make it clear that we are not fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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