A counter affidavit has been filed today by Mr.MA Bukhari, learned Additional Public Prosecutor.
Mr.MJ Buddbhatti, learned counsel for the petitioner and Mr.Bukhari, learned APP have been heard on admission of this petition.
The prayer in this petition is firstly to issue a writ of mandamus directing the respondents no.2 and 3 to remove the prisoner (petitioner) from "Anda Cell" and remove handcuff and protect the life of the prisoner petitioner Chetan Patel. The second prayer is for a direction to inquire into the whole affair by appointing any Judicial Officer.
Allegations have been made in the writ petition regarding the alleged misbehaviour by the jail authorities with the petitioner and torture given to him and inhuman treatment meted out to him. However, in the counter affidavit in Para-5 it has been deposed that there is no separate dark room in the barrack. On 14-8-2000 at about 11:30 hours the Search Squad from the office of the Inspector General of Prison, Gujarat State Ahmedabad visited the jail premises and at that time high security cell was searched. From Room No.3 wherein, the prisoner (petitioner) was kept, at the time of search Rs.250=00 were found in his possession. It is also deposed that the convict committed offence under sec.3 Rule 3 of the Notification dated 28-5-69. It is also deposed that on 17-8-2000 Shri A.R.Vyas, Jailor was on duty and he was taking round of different barracks. He also visited high security section. It is deposed that after 17-8-2000 the petitioner was kept in high security yard for the safety of the convict himself. On 17-8-2000, when the Jailor Shri.Vyas was on duty, the petitioner himself misbehaved with him and entered in his room. He brought a bag of Ghee, poured the same on his body and asked for a match box for committing suicide. In the interest and safety of the petitioner he was kept therefore in high security yard and was handcuffed. On 19-8-2000, his handcuffs were removed. The allegation regarding misbehaviour and torture as well as inhuman treatment given by the jail authorities are also denied in this paragraph.
Looking to these depositions in the counter affidavit, I do not find any ground for direction to hold judicial inquiry and since, the petitioner was kept in high security yard for a period of two days only in the interest of his safety no further relief is required to be granted. He is no more handcuffed. As such, the petition is dismissed.
13-9-2000( D.C. Srivastava, J.) /sakkaf