STATE OF MAHARASHTRA AND ORS. versus ASHA ARUN GAWALI AND ANR.

Citation: [2004] SUPP. 1 S.C.R. 708 · Decided: 27-04-2004 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Disposed off

Judgment (excerpt)

A 
B 
STATE OF MAHARASHRTRA AND ORS. 
v. 
ASHA ARUN QA WALI AND ANR. 
APRIL 27, 2004 
[DORAISWAMYRAJU ANDARIJITPASAYAT,JJ.] 
Jails-Proper maintenance of records and safety of inmates-Need 
for-During proceeding of a case casualness of jail authorities found by High 
C Court-Direction to initiate criminal proceedings against jail authorities 
and imposition of exemplary cost against them and the responsible 
authorities-On appeal, held: Order of High Court justified-However, further 
detailed enquiry directed-With a view to study the miserable state of affairs 
in jails certain directions issued 
D 
A Writ Petition was filed in High Court against the detention order of 
detenu. It was observed in the detention or<Jer that the detenu while in jail, 
had master-minded killings of certain persons in connivance with certain 
persons who had come to visit him in jail. High Court, on perusal of visiton' 
register, did not find entry about the alleged visit of the co-conspirators and 
.no record of their having met the detenu. The affidavits filed by certain 
E officials were inconsistent High .Court noticed that entry of visitors without 
their names being in the official records would not have been possible without 
connivance of officials; and that in respect of certain officials' misconduct, 
explanations were called for regarding the involvement of jail officials, their 
.negligence and connivance, but after ta!'-ing some initial disciplinary action, 
nothing actually was done. High Court, therefore, held that the order of 
F detention was passed on irrelevant materiais and in view of the state of affairs 
in the jail directed to launch prosecution against three jail Superintendents. 
Court also imposed exemplary costs against the Superintendents, Additional 
Chief Secretary (Home), Commissioner of Police and Inspector General of 
Prisons. The State, Additional Chief Secretary (Home) and Inspector General 
G Prisons have filed appeal before this Court . 
. Disposing of the appeals, the Court 
HELD: 1.1. High Court was justified in holding that without the active 
cooperation of the officials concerned, such activities would not have been 
II 
708 
ST A TE OF MAHARASHRTRA v. A.A. GAW ALI 
709 
possible. The High Court appears to have justifiably felt aghast at such acts A 
of omissions and commissions of the jail officials which per se constituted 
offences punishable under various provisions of the IPC and has, therefore, 
necessarily directed the launching of criminal prosecution against them, 
besides mulcting them with exemplary costs, The concern exhibited by the 
High Court as a necessary corollary by imposition of costs cannot at all be m 
found fault with. 
1.2. In the background of what has beep noticed by the High Court, one 
thing is very clear that there is a total casualness by the jail authorities. In 
the matter of maintaining records of persons who meet the inmates, the factual 
position as admitted in the affidavit filed is that the authorities themselves <C 
were conscious of the prevalent position but yet allowed to go scot free with 
impuP.ity, except a pretended lip service. The purpose for which the jails are 
set up; have been totally destroyed by the manner in which the jail officials 
have acted. If the real purpose for setting up jails is to keep criminals out of 
circulation in the society and to ensure that their activities are restricted or 
curtailed, the same appears to have remained only a pious wish on paper and b 
what happens in reality is just the reverse. The jail officials rendered support 
to the criminals in their crimes by completely disregarding the mandate of , 
law and this was done with a view to save them and in particular the detenu 
from punishment High Court noticed that the Maharashtra Prisons Facilities 
to Prisoners Rules, 1962, was notprimafacie observed. [714-B-E; G) 
E 
2.1. The officials have exhibited a total lack of seriousness and urgency 
but in the peculiar circumstances of the case where the entire system is under 
scrutiny, a detailed study of the factual position is necessar:y. W.1at has 
happened in the jail to which this case relates, may or may not be different , 
from other jails and that there is no guarantee that such things are now not F 
happening. But a doubt lingers about the position being no better in other 
jails also. (715-C-D] 
2.2. State Government shall cause enquiry into the matter and take action 
departmentally or in accordance with the c

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