Decided on February 24,1983

STATE OF W.B. Respondents


P.C.BOROOAH, J. - (1.) THE instant Rule was issued by me on Jan. 11, 1983 treating a letter dated Jan. 10, 1983 of Mr. Rajesh Khaitan along with two reports appearing in the Statesman and the Telegraph as a petition under Art, 226 of the Constitution calling upon the State of West Bengal through the Secretary, Jails and Panchayuts Department the Inspector General of Prisons and the Superintendent of the Dum Dum Central Jail to show why appropriate writs should not be issued directing them to show cause why the provisions of the Jail Code should not be strictly enforced in re -card to the prisoners confined in the Dum Dum Central Jail and as to why the prisoners should not he provided with adequate food, clothing, medicines and other necessary facilities essential for the maintenance of the human life and health. The respondents were also directed to produce all the relevant records relating to the death of the late Santosh Bag explaining as to how and tinder what circumstances the said Santosh Bag died and why there was a delay in handing over the dead body to his relatives even though no post -mortem examination was held and also why no post -mortem examination was held.
(2.) BY the same order I appointed the Chief Reporters of the Statesman and the Telegraph as Special Officers to visit the premises of the Dum Dum Central Jail and to enquire and submit reports to this Court about, inter alia, the living conditions of the prisoners, the medical facilities for/to the ailing prisoners, conditions of the kitchens and the quality of the food supplied to the prisoners and any other matter which relates to the health and personal comforts and the well being of the prisoners. On Jan. 25 1933 Mr. Sujoy Sen Gupta, the Chief Reporter of the Statesman and Mr. Tarun Ganguly, the Chief of the News Bureau -cum -Chief Reporter of the Telegraph submitted their reports. On Jan. 31, 1983, shortly after this Court resumed its sitting I paid a surprise visit to the Dum Dum Central Jail and went round various wards and also had some photographs taken. Incidentally, Mr. Tarun Ganguly had also submitted eight photographs along with his report and later on he handed over to me some further photographs and the negatives of the photographs which he had taken inside the Dum Dum Central Jail.
(3.) ON Feb. 11, 1983 Sri Tarak Nath Chattopadhyaya, the Superintendant of the Dum Dum Central Jail, submitted his explanation and comments in connection with the reports of the two Special Officers. Affidavits were filed both on behalf of the State of West Bengal and also on behalf of the Inspector General of Prisons and the Superintendent of the Jail.;

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