1. Pursuant to order of this Court, the convict - Hasanbhai Karimbhai Luhar is kept present before the Court. He is confined to wheelchair. He in terms stated that he is badly beaten by Pathan Rifakathusein Vahidkhan. He further stated that he was beaten on 15.04.2012, but was not sent for treatment till 17.04.2012. He stated that it was only on account of his mother visiting him in jail and having noticed his condition, requested the jail authorities and when the jail authorities came to know that I have dropped a complaint in the 'Complaint Box', kept in the jail under orders of the High Court, that the jail authorities deemed it fit to send him to Civil Hospital.
1.1 The convict further stated that another officer named Abdul Gafar Shaikh threatened him and told him not to file any case in this regard. He stated that the police officers (jail staff) threatened him that if he files any case in this regard, they will see to it that his application for early release under Section 433A will not be processed favourably and he will not be allowed to go out of jail.
2. Superintendent of Police Mr.R.J.Parghi is present before the Court. Mr.P.C.Thakur, I.G. (Prisons) is also present before the Court.
3. The Court appreciates the gesture shown by I.G, (Prisons), who of his own stated that he will personally look into the matter and will see to it that a proper inquiry is conducted to find out the cause as to how come the convict is confined to wheelchair.
4. The officer Mr.Abdul Gafar Shaikh stated that earlier, the convict was suffering from some ailment and it is on account of that ailment that he is confined to wheelchair.
5. The convict present before the Court denies this statement and that is why an inquiry is required to be conducted.
6. It is assured by I.G., (Prisons) that he will personally look into the matter and will see to it that a proper inquiry is conducted and a report is filed to this Court.
7. In the meantime, both these officers, viz. Mr. Pathan Rifakathusein Vahidkhan and Mr.Abdul Gafar Shaikh should be kept away from the jail. They can either proceed on leave or they can be transferred as per the convenience of the Administration.
8. The matter is kept on 21.06.2012. By that time, I.G., (Prisons) is expected to file a report before this Court.
(Ravi R.Tripathi, J.) *Shitole Top