Ashok Bhushan, J. - (1.) HEARD Sri T.P. Singh, Senior Advocate, assisted by Sri Siddharth Nandan for the petitioner and Sri M.C. Chaturvedi, learned Chief Standing Counsel appearing for the State-respondents No. 1 to 4.
(2.) AFFIDAVITS have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally decided. Facts giving rise to this writ petition are; petitioner's son S.K. Awasthi, Advocate was charged with criminal contempt by a Division Bench of this Court being Criminal Contempt No. 19 of 2007. The Division Bench vide order dated 21st November, 2007 charged S.K. Awasthi with criminal contempt and directed the contemner to be taken into custody. The Division Bench to which the criminal contempt was assigned by judgment and order dated 23rd November, 2007 punished the contemner with imprisonment for a period of one month. However, on the intervention of the members of the Bar that contemner would improve, the punishment was suspended to afford an opportunity to the contemner to improve his conduct, subject to the condition that in case he misbehaves in the Court again, mere issuance of show cause notice would suffice for the sentence being revived. Subsequently by judgment and order dated 22nd April, 2008 the order of suspension of sentence was revoked and the Registrar General was directed to take S.K. Awasthi in custody and send him in Jail for serving out the sentence awarded by this Court vide judgment and order dated 23rd November, 2007. Two more charges were framed by the order dated 22nd April, 2008 and the case was directed to be listed again on 8th May, 2008. S.K. Awasthi was taken into custody and was lodged in Central Jail, Naini on 22nd April, 2008 to serve the sentence. Initially S.K. Awasthi was kept in Barrack No. 8-B of Circle No. 4 of Central Jail, Naini from 22nd April, 2008 to 2nd May, 2008. On 2nd May, 2008 an order was passed by Senior Superintendent, Central Jail, Naini to keep him in separate Cell for one week and accordingly he was sent in Circle No. 1. On 6th May, 2008 he was admitted in Jail Hospital in semi unconscious state. The Jail Doctors noted several injuries on the person of S.K. Awasthi. On 8th May, 2008 S.K. Awasthi was brought on stretcher to the High Court for being produced but the Bench being not available, he could not be produced before the Court, his attendance was noted by Joint Registrar (Criminal) and he was sent back to Jail. On 10th May, 2008 S.K. Awasthi was admitted in S.R.N. Hospital, Allahabad under the reference made by Jail Doctor with the permission of the Chief Medical Officer. In the Jail his legs were tied-up with iron chain. On 13th May, 2008 S.K. Awasthi died in the hospital.
(3.) ON being pointed out by the Members of the Bar about the death of S.K. Awasthi, which was caused in mysterious circumstances, a Division Bench passed an order on 13th May, 2008 requesting the District Judge to hold an inquiry so as to find out as to under what circumstances the death of S.K. Awasthi had been caused. The District Judge was also directed to inquire as to whether S.K. Awasthi was manhandled or ill-treated either by the Jail authorities or by the Jail inmates, and what was the reason for shifting him to the hospital and keeping him chained during the medical treatment. The Chief Medical Officer, Allahabad was directed to constitute a team consisting of three doctors to conduct the post-mortem of S.K. Awasthi. ON the same day, on an application presented by Sri Rajesh Rai, Advocate informing about the death of S.K. Awasthi while in custody, another Division Bench presided over by Hon'ble the Chief Justice directed the application to be registered as Public Interest Litigation and issued notice to the Jail Superintendent asking him to explain the circumstances under which S.K. Awasthi died while in custody. ON the same day the Division Bench presided over by Hon'ble the Chief Justice passed another order noticing the order passed in Criminal Contempt No. 19 of 2007 as mentioned above, directing the criminal contempt to be withdrawn and placed before the Bench presided over by Hon'ble the Chief Justice on 16th May, 2008. On the letter petition, Writ Petition (PIL) No. 24611 of 2008 (Rajesh Rai v. Jail Superintendent, Central Jail, Naini) was registered. The District Judge, Allahabad submitted an interim report dated 15th May, 2008 after recording the statements of various witnesses and prayed for further ten days' time for submitting detail report. The writ petitioner (letter petition) was permitted to file a comprehensive petition. The Division Bench allowed time to the parties to exchange affidavits. A request was made on behalf of the petitioner to provide for employment to the widow of the deceased and some amount for performing the last rites. The learned Advocate General accepted those suggestions and made a statement that a cheque of Rs. 1,00,000/- will be handed over to the widow of the deceased and a separate cheque of Rs. 2,00,000/-will be deposited in F.D.R. in the bank account of the wife of deceased, Smt. Neelama Awasthi.;