(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant - convict for temporary bail on the ground that he has sustained injuries on account of the collapsing of a portion of the slab inside the barrack and thereafter he was partly treated as indoor patient and he has again sent back to the jail and his desire is to see that the complete treatment of the fracture sustained by him is taken through private doctor.
The incident in question, in our prima facie view, shows that the condition of the barrack of the jail, wherein the convict - applicant was kept, must be in dilapidated condition, otherwise, it would not result into the consequence of collapsing of the slab in part. It is hardly required to be stated that when any convict is kept in a jail, he or she is required to be treated as human being and if the construction or the condition of the jail is in dilapidated position, it would not only create unsafe atmosphere, but it can rather be said that he or she is not properly treated as human being.
We need to record that all convicts, whose appeals are pending, could be said as under the judicial custody of this Court. In the same manner, all under-trial prisoners, whose matters are pending in the subordinate Court to this Court are also in the judicial custody. It is required for the State to ensure that all convicts as well as under-trial prisoners are kept in the jail, where basic facilities for safe survival of human being are being provided. Such would include safe construction of buildings or barracks in contradistinction to a dilapidated building or a barrack.
By the present application, it has come on record that the barrack No.5 of Bhavnagar Jail was in dilapidated condition and such has resulted the present serious injury to the applicant - convict.
Under these circumstances, we find that if the condition of the building of the jail is either dilapidated or is such where a human being cannot live in safe condition, it would be required for this Court to issue appropriate directions in order to ensure that the State complies with its obligation to keep the convict or the under-trial prisoners in such condition, where the basic facilities for safe survival of the human being are provided to them.
It has been stated by the learned Counsel for the applicant - convict that the applicant - convict is unable to attend natural calls, nor is there any movement on account of the fracture sustained by him due to collapsing of a portion of the slab in barrack No.5.
Hence, we prima facie find that it would be a case for issuance of immediate interim directions for proper treatment of the applicant - convict as well as to get the report of the conditions of the jails, where such incident has happened. As it has come to our notice about the condition of the jail in Bhavnagar, it would also be appropriate to call for the record of other jails in Gujarat State, where the convicts or the under-trial prisoners are kept and their cases are pending in the respective Courts.
Hence, the following orders:-
(a) The State of Gujarat, through Additional Chief Secretary, Home Department as well as I.G. (Prisons), State of Gujarat, shall be impleaded as party respondents.
(b) District Judge, Bhavnagar is directed to visit Bhavnagar Jail within one week and shall report to this Court about the conditions of the jail of Bhavnagar in general and of barrack No.5 in particular and such report shall be submitted within one week thereafter.
(c) The Additional Chief Secretary to the State Government (Home Department) as well as I.G. (Prisons) shall report to this Court about the conditions of the construction of the jails in Gujarat State, wherein the convicts and other under-trial prisoners are kept, whose matters are pending before the appropriate Courts, including this Court.
(d) The applicant - convict shall immediately be shifted to the Hospital, not later than 24 hours, and the Jail Authority concerned shall ensure that all necessary treatments are provided in the concerned Government Hospital to the applicant - convict for the fracture and other injuries sustained by him.
(e) The report of the Superintendent of the said hospital about the treatment undertaken and the condition of the applicant shall also be submitted on the next date.
S.O.
29.3.2012. Office shall convey the present order to the District Judge, Bhavnagar as well as to the other two authorities of the State Government immediately. Mr.Pandya, learned APP shall communicate the order to the concerned Jail Superintendent of Bhavnagar Jail and other concerned authorities. A copy of the order shall also be supplied to Mr.Pandya, learned APP.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top