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SCR.A/1857/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1857 of 2008
With
SPECIAL
CRIMINAL APPLICATION No. 1858 of 2008
To
SPECIAL
CRIMINAL APPLICATION No. 1859 of 2008
=========================================================
NO
NAME (A LETTER THRO' COMPLAINT BOX) - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
BY
COMPLAINT BOX for
Applicant(s) : 1,
MR. R.C. KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/09/2008
ORAL
ORDER
1. Rule.
Shri R.C. Kodekar, learned APP waives service of notice of rule on
behalf of the respondent State. With the consent of the learned
advocates for the parties, the application is taken up for final
hearing today.
2. All
these applications are treated as Special Criminal Applications by
the registry. Application/complaint through complaint box was sent by
one of the prisoner kept in Sabarmati Central Jail, Ahmedabad
addressed to the Hon’ble Chief Justice,High Court of Gujarat,
Ahmedabad making a serious and shocking allegations with respect to
the state of affairs in the Sabarmati Central Jail, Ahmedabad. The
same was registered as Special Criminal Application No. 1857 of 2008.
Somewhat similar allegations are made with respect to the state of
affairs in the Sabarmati Central Jail, Ahmedabad by some of the
prisoner. They were submitted the complaint through complaint box and
same is registered as Special Criminal Application No. 1858 of 2008.
Special
Criminal Application No. 1859 of 2008 is also registered pursuant to
the complaint made by the some of the convict / prisoner who are in
Sabarmati Central Jail, Ahmedabad.
3. Considering
the nature of serious allegations with respect to the state of
affairs in Sabarmati Central Jail, Ahmedabad vide order dated
18.9.2008 this Court called upon the respondents No. 2 and 3 Jail
Superintendent, Sabarmati Central Jail, Ahmedabad as well as I.G.
Prison, Ahmedabad to submit the report considering the allegations in
the complaint. The report dated 23.9.2008 has been submitted by the
Jail Superintendent, Ahmedabad along with the statements of some of
the prisoners in the Central Jail, however, from the report it
appears that the Jail Superintendent, Sabarmati Central Jail,
Ahmedabad has stated that false allegations are made by some of the
prisoners to malign the jail administration. Considering the nature
of the serious allegations with respect to the state of affairs in
the Sabarmati Central Jail, Ahmedabad,if it is found that there are
some substance in the same, they are very shocking and which cannot
be permitted, this Court is of the opinion let the allegations and
complaint made in all the three applications be inquired into and
investigated by the D.C.P. Crime, Ahmedabad and submit the report
before this Court within a period of three months from today.
4. In
view of the above, present applications are disposed of by directing
the D.C.P. Crime, Ahmedabad to inquire into and investigate with
respect to the allegations made in the present applications with the
assistance of Inspector General of Prisoner, State of Gujarat,
Ahmedabad and submit the report within a period of three months from
today. Inquiry should be concluded within a period of three months.
After conclusion of the inquiry / investigation, the concerned
officer of the D.C.P. Crime, Ahmedabad is directed to submit the
report before this Court in the present application but not later
than three months from the date of this order. As and when, such a
report is submitted by the concerned superior officer of the D.C.P.
Crime in a seal cover in the present proceedings, through the learned
A.P.P, Registry is directed to place the same before this Court so
that further direction, if any, can be issued. Rule is made absolute
to the aforesaid extent.
(M.R.
SHAH, J.)
kaushik.
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