The Supreme Court Friday directed the Rajasthan Government to conduct a fact-finding inquiry by a senior IAS officer into a prisoner’s allegations that he was merciless beaten by the jail authorities.
It also directed that appropriate action be taken against the jail/police officers/officials found guilty in the inquiry.
A bench led by Justice NV Ramana was hearing a bail plea filed by jail inmate Shahvaz Hussain. His bail application was dismissed by the Rajasthan High Court. The bench, which also had Justices Surya Kant and Aniruddha Bose, granted the bail to Hussain.
“Taking into consideration the peculiar facts and circumstances of the instant case, and particularly the fact that the petitioner has suffered 11 injuries while in custody, we think it is a fit case to grant him bail”, the bench said.
The allegations against the petitioner were that while opposing a search being conducted by the jail authorities, he along with other inmates, assaulted the jail staff.
The petitioner refuted the allegations and alleged that he was beaten merciless by the jail authorities, which is evident from the Medical Report.
It was also contended by the petitioner that he had made a complaint to the Judicial Magistrate in respect of the 11 injuries suffered by him while in custody and pursuant thereto an inquiry was ordered.
However, the fate of the inquiry is not known, the petitioner told the top court.
The state government, on the other hand, said the complaint was investigated by the Police and a report had been submitted to the Magistrate.
Hussain was arrested in 2008 in connection with eight FIRs registered separately on the same set of facts. The allegations against him, as mentioned in his plea in the Court, are that he had sent an email to media channels about a bomb blast in Jaipur.
He has been acquitted in eight cases. Another FIR was registered in the same year against unknown persons for the same case. However, Hussain came to be arrested in this ninth FIR only after 12 years.
Hussain was represented by advocates Mohd. Irshad Hanif assisted by Rizwan Ahmad Durrani.
Read Order
http://theleaflet.in/wp-content/uploads/2021/01/13001_2020_32_22_25270_Order_08-Jan-2021.pdf
