LexSTATE OF M.P. & ANR. versus RAM PRAKASH SINGH & ANR.
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A B [2012] 1 ~.C.R. 54 STATE OF M.P. & ANR. v. RAM PRAKASH SINGH & ANR. (Criminal Appeal No. 104 of 2012) JANUARY 10, 2012 [R.M. LODHA AND H.L. GOKHALE, JJ.] Inquiry - Direction by High Court to CBI to enquire into the matter - Challenge to - Matter of escape of the criminals C from the police custody and the role of various officers posted at the District - In a writ petition before the High Court, various directions issued from time to time to the State Government - Inaction/failure on part of the State Government in the matter - Order of High Court asking CBI to hold enquiry into the said D matter - Appeal by State and Superintendent of Police before Supreme Court - Supreme Court stayed the order passed by the High Court and directed the Chief Secretary, State to appoint the Adf}itional Chief Secretary to conclude the enquiry into the matter and submit the report - Pursuant thereto, E President Board of Revenue was nominated by the Chief Secret~ry to hold the enquiry - Held: The direction given by the High Court to refer the matter to CBI to hold an enquiry into the matter has lost its relevance since the President Board of Revenue has already held the enquiry and subMitted his F report - Though the order of the High Court is set aside, the matter being grave, the State Government to take appropriate action against the erring official/s and to take all remedial measures - State Government directed to make amendment in the existing rules relating to the taking out of dangerous or G sensitive prisoner to be transferred from one jail to another jail, for court appearance or on administrative grounds; as also State Government shall, in consultation with the High Court, take a decision about construction of single court room complexes for holding trial of dreaded criminals/dangerous prisoners in proximity to the Central Jails. H 54 STATE OF M.P. & ANR. v. RAM PRAKASH SINGH & 55 ANR. Four criminals escaped from the police custody with A help and connivance of the police officers and/or negligence/inaction of the guards escorting them. Thereafter, they murdered 14 persons in the village. The police started torturing the persons from 'B' community. The first respondent filed writ petition alleging that after B the escape of four dacoits from the police custody, the police had started torturing the persons from 'B' community in the District. It was prayed that the State and its functionaries be directed to refrain from causing torture to the people of the said community and directions c be issued for their protection. The High Court issued · various directions but the State Government failed to respond to the directions given by the High Court. Due to consistent inaction on the part of the State Government, the High Court asked the Central Bureau of 0 Investigation to hold enquiry into the matter of escape of the criminals from the police custody and the role of the police officers posted in the District. Thus, the appellant- State Government and the Superintendent of Police filed the instant appeal. E This Court stayed the operation of the orde~ of the High Court and directed the Chief Secretary, State to conclude the enquiry into the matter and submit the report. In pursuance thereof, President Board of Revenue conducted an enquiry and submitted report as regards F the persons responsible for the said incident and also made suggestions in order to prevent repetition of such incident. As regards the arrest of the said criminals who G escaped from the custody, except one all are killed in the police encounters and the weapons snatched by the above criminals while escaping from the police custody have been recovered. H 56 SUPREME COURT REPORTS [2012] 1 S.C.R. A Disposing of the appeal, the Court HELD: 1.1. Having regard to the fact that the order whereby the High Court directed the matter to be referred to CBI for holding enquiry into the matter of escape of the 8 criminals from the police custody and the role of various officers posted at Gwalior has been stayed by this Court way back In the year 2004, and in 2007 the direction was given to the Chief Secretary, Madhya Pradesh to appoint the Additional Chief Secretary to conduct the enquiry into the said matter and pursuant thereto President Board of C Revenue, Gwalior, was nominated by the Chief Secretary to hold the enquiry and he has already held the enquiry and submitted his re
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