Hon'ble Ramesh Sinha,J.
The affidavit filed on behalf of the District Magistrate, Allahabad discloses only half facts and is not to the satisfaction of the Court.
This Court on 16th July, 2012, after noticing that a juvenile has expired while confined to Government Observation Home, Rajrooppur, Allahabad under order of the Juvenile Justice Board, Allahabad, due to negligence on the part of the State authorities in taking proper care of the inmates, directed the District Magistrate, Allahabad to file his personal affidavit disclosing as to what preventive steps have been taken for ensuring life and welfare of the inmates.
The Court is surprised that the District Magistrate, Allahabad did not even have the courtesy to comply with the order of the Court. He has deputed the C.D.O. to file the affidavit on his behalf. Such uncaring attitude towards the order of the High Court only reflects the disrespect the District Magistrate has to the order of the Court.
We are further surprised to note that in paragraph 13 and 14 of the affidavit it has been stated that a charge-sheet was directed to be served upon Kamlesh Pandey and Shardha Viswakarma by the Director Mahila Kalyan U.P. Lucknow in respect of the death of the child inmate. What has been the outcome of the proceedings is not known to the District Magistrate. He even did not care to obtain information from the Director, Woman Welfare before filing the affidavit in response to the order of the Court.
The District Magistrate appears to be insensitive to the issues which are up for consideration in the present writ petition.
As on date we are offering one more opportunity to the District Magistrate to file his personal affidavit disclosing the action taken against the persons responsible for the death of the inmate as also with reference to the Magisterial report received. He shall do so by the Friday next i. e. 27.07.2012, on which date the District Magistrate shall remain present before this Court for explaining the reasons for not filing his affidavit as directed earlier.
Counsel for the petitioner refers to various statements, which reflect the gross negligence of the State authorities in the matter of welfare of the inmates at Government Observation Home at Allahabad.
To have a complete picture of the situation prevailing at the Observation Home, this Court has requested Mr. Dilip Kumar, Advocate to act as Court Commissioner and to visit the Government Observation Home, Khuldabad, Allahabad on Wednesday i. e. 25.07.2012 at 04.00pm.
For the purpose Assistant Superintendent, Government Observation Home, Allahabad shall remain present along with a Car and police escort for the visit of Sri Dilip Kumar, Advocate at his chamber at Allahabad High Court on the date fixed. The A.G.A. present in the Court Sri Amarjeet Singh is also requested to accompany Sri Dilip Kumar, Advocate for the inspection.
The learned Court Commissioner may submit his report in writing by Friday next i. e. 27.07.2012. The Court Commissioner is requested to not only make the spot inspection but also to examine the registers maintained at Government Observation Home pertaining to daily necessities of the inmates as well as the medicinal and other facilities which should be made available to all the inmates.
It is made clear that no hindrance shall be placed in the inspection of the Court Commissioner and all records shall remain available at the time of inspection of Court Commissioner. No officer of the Government Observation Home shall suggest that the records are not available.
Let needful be done by the District Magistrate.
Put up on 27.07.2012 at 10.00 am.
Certified copy of this order may be issued to Sri Amarjeet Singh, A.G.A. today itself for necessary compliance.
Order Date :- 23.7.2012 Pkb/