A Division Bench of Gujarat High Court comprising Mr. Justice M.S. Shah and Ms. Justice H.N. Devani after preliminary hearing of a public interest litigation filed by Mr. Shamshad Pathan, a member of Jan Sangharsh Manch issued notice to the State of Gujarat, Inspector General of Police (Prisons) and the Jail Superintendent of Sabarmati Central Jail Mr. V. Chandrashekar against whom the allegations of atrocity have been made. The notice is made returnable on 30-3-2009. The High Court also directed the District and Sessions Judge to visit the Sabarmati Jail during week-end and inquire into the incidents within the jail. The High Court further directed the officer above the rank of Jail Superintendent to intervene and make every attempt to settle the disputes by Monday. Appearing for the petitioner Jan Sangharsh Manch Advocate Dr.Mukul Sinha submitted before the Court that the petitioner had received several complaints from the relatives of certain prisoners of the Central Jail at Sabarmati Jail, Ahmedabad that they were subjected to severe torture and inhumane treatment by the Jail Superintendent Mr. V. Chandrashekhar who had in fact created an atmosphere of terror in the jail and had violated all the norms of a civilized society. Narrating the specific incidents, Dr. Sinha pointed out that one Mr. Akbar, a convicted prisoner was severely beaten and his leg was fractured. Another prisoner Silvester who was one of the witness in the infamous Sohrabuddin fake-encounter case who brought from Udaipur on 20-3-2009 was brutally beaten. He was handcuffed on one hand and another hand was tied with the bars of the ventilator and was made to stand facing the wall and was brutally beaten on back with stick by the Jail Superintendent. It was also reported that his life was in danger. A Nigerian under-trial Mr. Louis was also severely beaten.Two prisoners Asraf Ismail Nagori and Rahim @ Ferozkhan Pathan convicted under POTA were denied medical treatment.. Apart from specific complaints of brutality and atrocity committed on prisoners, the jail authorities were completely unsympathetic towards the welfare of the prisoners. Knowingly and deliberately they flouted the directions given by the High Court by judgement and order dated 7-5-2004 in Special Civil Application No.16198/2003 (Reported in GLR-2004-Vol.2-1545). Mr. Chandrashekhar after taking over the administration of Sabarmati Central Jail had curtailed all the amenities and welfare measures which the prisoners were entitled to under law. S.H. Iyer Advocate
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When the Hon’ble Gujarat High Court’s Division Bench is siezed of the matter we expect the concrete results except to repeat that the convicts though loose the right of freedom have fundamental rights as well as Human Rights to enforce against the State. Mr. V. Chandrashekhar be prosecuted for the said offences by the convicts or their relatives. He is not protected under sec.197 of Cr. P.C. Though Government of India is the member of the UNO, she be put to task in the International Court of Justice at Hague by the NGO.