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Judgment
In Criminal Appeal (DB) No. 1412 of 2016, a report was received from the Superintendent, Divisional Jail, Chaibasa and in view of the fact that one of the convicts, namely, Sahdeo Mahto @ Subhash J.P. Moti Mahto had fled while in police custody, the Superintendent of Police, Chaibasa was directed to file an affidavit disclosing the steps taken for apprehending Sahdeo Mahto @ Subhash J.P. Moti Mahto.
Though a direction was issued to the Superintendent of Police to file an affidavit, the order dated 16.07.2019, which reads as under, would reveal that an affidavit dated 12.07.2019 was filed by the Sub-Divisional Police Officer, Manoharpur, West Singhbhum:
“Affidavit dated 12.07.2019 sworn by Vimlesh Kumar Tripathi, Sub-Divisional Police Officer, Manoharpur, West Singhbhum has been filed.
The facts revealed in this affidavit are startling. The convict-accused namely, Sahdeo Mahto @ Subhash Mahto, against whom at least 10 criminal cases have been lodged, escaped from the police custody on 09.12.2014. The affidavit dated 12.07.2019 gives an impression that only after this Court has taken cognizance of the matter, steps for apprehending the convict have been taken.
The Deputy-Superintendent of Police is directed to personally place a copy of this affidavit before the Director-General of Police, State of Jharkhand who shall take note of it.
It appears that in Special Case No.104 of 2002(P) alongwith this appellant the accused-Sahdeo Mahto @ Subhash Mahto was also convicted.
Registry to find-out whether the accused-Sahdeo Mahto @ Subhash Mahto has also preferred appeal against the judgment dated 25.02.2014 passed in Special Case No.104 of 2002(P).
Post the matter on 20.08.2019 under the heading “Orders”.
The learned APP shall communicate a copy of this order to the SDPO, Manoharpur.
Let a copy of this order be communicated to the Director-General of Police, State of Jharkhand.”
That was the first misconduct of the Superintendent of Police, Chaibasa, who had failed to file an affidavit sworn by him as directed by the Court vide order dated 26.06.2019.
Another criminal appeal arising out of Special Case No. 04 of 2004 (P), vide Criminal Appeal (DB) No. 327 of 2013, was listed on 02.07.2019, when a direction was issued to the court concerned for transmitting photocopy of the original records of Special Case No. 04 of 2004 (P).
On 06.11.2019, in Criminal Appeal (DB) No. 1412 of 2016, in view of the submission of Mr. Vinay Kumar Tiwary, the learned APP, the following order was passed by this Court:
“Sri V.K. Tiwary, the learned APP submits that on account of delay in grant of sanction under the Prevention of Terrorism Act, 2002 by the competent authority, cognizance of the offence under the Prevention of Terrorism Act was not taken within one year of the enforcement of the repeal Act, however, such delay would not affect the legality of the conviction of the appellant under section 3(2) (a) and 20(2) of the Prevention of Terrorism Act.
The learned APP shall file an affidavit through the Officer-in-Charge of this case to the effect that whether any application seeking condonation of delay was filed by the prosecution or not, at the relevant time when cognizance of the offence was taken by the learned Special Judge.
Post the matter on 05.12.2019.
On 10.12.2019, an adjournment was granted for enabling the State to complete the records. By this order, a direction was issued to the State to produce necessary records in a separate paper-book within two weeks and Criminal Appeal (DB) No. 327 of 2013 was directed to be posted along with Criminal Appeal (DB) No. 1412 of 2016.
The records were not completed by the State and on 07.01.2020 when these criminal appeals were posted for hearing, an adjournment was sought by the learned APPs stating that these criminal appeals pertain to very sensitive cases and, therefore, before filing an affidavit in these matters the file has been placed before the Superintendent of Police, Chaibasa for vetting.
Order dated 07.01.2020 reads as under:
“It is not that these criminal appeals are listed for the first time. Previously, adjournments have been granted by us.
Mr. Hardeo Prasad Singh and Mr. Vinay Kumar Tiwary the learned APPs state that these are very sensitive cases and, therefore, before filing documents complying with the court’s order dated 25.7.2019 the file has been placed before the Superintendent of Police, Chaibasa for vetting.
On the above ground, the learned APPs are seeking adjournment.
On the request of learned APPs, post these matters on 29th January, 2020.”
Today, in the beginning a mentioning is made by Mr. Hardeo Prasad Singh and Mr. Vinay Kumar Tiwary, the learned APPs seeking further adjournment on the ground that the Court’s order could not be complied by the Superintendent of Police, Chaibasa for the reason that the entire police force in the district is busy in restoring the situation which has arisen due to an unfortunate incident which has happened at Gudri Block.
On a Court’s query when that unfortunate incident had happened, the learned APPs on instruction from the nodal officer state that the incident is dated 19.01.2020.
It is stated at Bar and the nodal officer has also affirmed that the information regarding orders passed by this Court has been promptly sent to the Superintendent of Police, Chaibasa.
We think that at this stage nothing more needs to be recorded on conduct of the Superintendent of Police, Chaibasa, except that the reason for further adjournment is not found bonafide.
In view of the aforesaid facts, we think that before a coercive order is passed against the Superintendent of Police, Chaibasa, he should be given an opportunity to explain his conduct in not complying with the Court’s order besides showing insensitiveness and indifference to the cases posted for hearing in the High Court.
He shall file his affidavit within one week
Post these matters on 05.02.2020 under the heading “For Orders”.
On that date the Superintendent of Police, Chaibasa, shall remain physically present in the Court with necessary records.
Let a copy of the order be given to the learned APPs.