V.S. Dave , J. - (1.) An application was addressed to this court as Habeas Corpus petition on 25th January, 90 by three convicts who were lodged in Dholpur Jail, namely, Subhash Pathak, Sayeed and Nand Kishore. They made several allegations against the officials of Central Jail, Jaipur and submitted that the reason behind their transfer is that the authorities never wanted their ill deeds to be highlighted and secondly it is malafide. Allegations have also been levelled that the money has been charged for deploying them from one Ward to another Ward. When this application was received by post under the orders from Hon'ble Mr. Justice Bhargava it was treated as a writ petition and was registered as a regular S.B.Civil Writ. Since it was a matter of transfer from one Jail to another Jail, a notice of the petition was given by me on July 11, 1990. After taking considerable adjournments the State Government filed reply to the petition.
(2.) I have gone through the petition as well as reply filed.
(3.) The allegations made in the petition have not been rebutted in the affidavit parawise and even if they would have been rebutted the matter requires an inquiry, as very serious charges of corruption and mal-administration in Central Jail, Jaipur have been made. Petitioner No.1 was a student of M.A. previous in History and he was permitted to appear in the examination under the orders of this court dated 4.4.1990. The petitioner approached this court again against his being regularly handcuffed and directions in that respect were also issued by this court. He alleged that orders were not communicated to him by the jail authorities. Before adjudicating upon the petition, since serious allegations have been levelled and the order of the learned District Judge transferring the petitioners, dated 20th Jan.,1990, is mechanically drawn order which does not show ex facie the proper application of mind, it becomes essential to hold an inquiry into the entire affair. It is therefore, directed (1) That an enquiry commission consisting of Shri Anoopchand Goyal, District & Sessions Judge, Jaipur District, Shri G.S. Bapna Advocate of this Court and Dy.Inspector General of Prisons, Jaipur is constituted. (2) The Commission shall enquire into all allegations levelled in the complaint lodged by the petitioners as well as inspect and report about the living condition of convicts both, in Central jail Jaipur as well as in the open jail, Sanganer. (3) The Inspector General of Prisons is directed to lend all assistance to them to enquire into the matter. The report shall be submitted within a period of three months from date of communication of this order. Information about this be sent to all the three per,sons by Addl. Registrar (Judicial) by way of a letter of request. The case shall be listed after the report is received. Copy of the petition and the affidavit as well as the order passed by this court be sent along with the letter of request. Writ Petition Disposed of As Above.;