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High CourtsDivision Bench(1996) 04 PAT CK 0021

Lawyer''s Association and Others vs The State of Bihar and Others

Patna High Court · Decided on 15 April 1996 · Citation: (1996) 2 PLJR 56

HON’BLE JUDGES
S.K. Chattopadhyaya, J · D.S. Dhaliwal, J
CASE NUMBER
Cr.W.J.C. No. 222 of 1995 (R)

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Judgment

6 paragraphs · 372 words
1.

Heard Mr. R.K. Prasad for the Petitioners and Mr. P.D. Agrawal for the State.

2.

The Petitioner No. 1, an Association of lawyer''s practising in this Bench, has moved this Court with a prayer for constitution of an Enquiry Committee under the chairmanship of District and Sessions Judge of East and West Singhbhum on the death of 10 undertrials prisoners of Jails of Sakchi, Ghagidih, Chaibasa and Saraikela.

3.

It appears that on the basis of knowledge derived from the news item published in the Ranchi Express dated 27.11.95 and 28.11.95, the Petitioner has filed the application in the nature of Public Interest (sic)igation. Being noticed, the respective (sic) which they have denied the assertions made by the Petitioner and submitted that all the ten accused persons died in respective Jails due to various diseases. It has also been stated that for their proper treatment, care was taken by giving proper medical aid, but even then, such death could not be avoided.

4.

Having considered the statements made in the writ petition and the counter affidavit, we direct the District and Sessions Judge of Jamshedpur (Singhbhum East) to hold an enquiry as to the allegations made by the Petitioner in this writ petition. The Petitioner is directed to submit two copies of the writ petition alongwith all his annexures and the counter affidavit and reply thereto, before the District and Sessions Judge along with the certified copy of this order within two weeks from today. On receipt of the order and the documents, as aforesaid, the District and Sessions Judge will hold an enquiry at his own level to ascertain the truth or otherwise of the allegations.

5.

In our view, it will be better if the learned District and Sessions Judge holds the inquiry on Saturday or Sunday so that his judicial work is not hampered. It is expected that the said inquiry will be completed within six months from the date of receipt of a copy of this order. On inquiry if the District and Sessions Judge finds the allegations to be true, he will take steps in accordance with law by getting criminal cases filed against the erring officer/officers.

6.

With this observation, this application is disposed of.