Case Note & Summary
The petitioner, Atul S/o Rajaram Shelke, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitution of India seeking a writ of mandamus against the State of Maharashtra and the Inspector General of Prison to conduct a thorough investigation into custodial torture and atrocities allegedly committed by jail authorities and inmates at Ahmednagar Sub Jail against his father Rajaram and brother Rahul. The facts reveal that Rajaram and Rahul were undertrial prisoners in C.R. No. 88/2010 registered at Parner Police Station. Rajaram suffered from diabetes and hypertension and was advised a nutritious diet by the Civil Surgeon, but the jail authorities failed to provide it, leading to deterioration of his health. Despite directions from the Sessions Judge on 07.08.2014 to provide medical aid and diet, the authorities did not comply. Additionally, Rajaram alleged that when he agitated his grievances before the Inspector General of Prison, the Jail Superintendent Gawade and other staff threatened him and demanded bribes for providing diet. During this period, another inmate, Baban Salve, committed suicide due to custodial torture by the same jail authorities. Rajaram reported the matter to the Sub-Divisional Officer and Kotwali Police Station on 11.12.2014. The jail authorities, annoyed by Rajaram's actions, allegedly instigated hardcore criminals to assault him and his son. The petitioner sought directions for a proper investigation into these allegations. The court, after considering the submissions, issued notice to the respondents and directed the State to file an affidavit regarding the investigation. The judgment is reserved and pronounced on 23.01.2018.
Headnote
A) Constitutional Law - Right to Life - Article 21 - Prisoners' Rights - The right to life under Article 21 includes the right to health and medical care, and the State has a duty to protect prisoners from torture and provide adequate diet. The court considered allegations of denial of prescribed diet and custodial torture against jail authorities. Held that the State must ensure proper investigation into such allegations (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the State to conduct a thorough investigation into allegations of custodial torture and denial of medical diet to his father and brother while they were undertrial prisoners in Ahmednagar Jail.
Final Decision
The court issued notice to the respondents and directed the State to file an affidavit regarding the investigation. The judgment was reserved on 12.12.2017 and pronounced on 23.01.2018. The final order is not fully extracted, but the court appears to have directed investigation.
Law Points
- Right to life under Article 21 includes right to health and medical care for prisoners
- Custodial torture violates fundamental rights
- State's duty to protect prisoners
- Mandamus for investigation
