R S TRIPATHI SUPDT CENTRAL JAIL NAINI ALLAHABAD Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1993-8-46
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on August 24,1993

R.S.TRIPATHI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Heard learned counsel.
(2.) These two appeals are directed against the judgment of a division bench of Allahabad High court convicting the appellants under Section 12 of the contempt of courts Act, 1971 sentencing each of them to undergo simple imprisonment for one week and a fine of Rs. 500. 00 each. In default to payment of fine, they shall undergo further simple imprisonment for a period of one week.
(3.) One Bhola Dutt Joshi, along with some other accused in a Sessions trial was convicted and sentenced to imprisonment for life for having committed the murder of his minor daughter and also under Section 307 Indian Penal Code for r. S. TRIPATHIv. state of u. P. 505 attempting to murder his wife. While he was lodging in the central Jail, bareilly, serious disturbance occurred which led to firing resulting in the death of some prisoners and injuries to some others. Later, Joshi, along with some others was transferred to the central Jail, Naini. A habeas corpus petition was filed by the said Bhola Dutt Joshi in the Allahabad High court alleging that he was being illegally kept in a solitary confinement. A notice was issued to the respondent the jail superintendent. The writ petition was listed for hearing. A further allegation was that he was tortured and third-degree method was applied to him in jail for his filing the said writ petition and asking him to withdraw the writ petition. Making these allegations, a petition for contempt was filed on the ground that by such torture, the concerned officers clearly interfered with the judicial process and thereby committed an act of contempt punishable under section 12 of Contempt of courts Act, 1971. A counter was filed on behalf of the contemnors denying the allegations.;


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