Dismissed

Sher Bahadur Akram Khan and Ors. v. the State of Maharashtra and Anr.

Bombay HC4 Aug 2011WP/1037/2011

Case brief

AI extract

What is this about?

A criminal writ petition filed by convicts seeking departmental action against jail officers for alleged ill-treatment and their transfer to another prison. The court refused to direct disciplinary proceedings due to lack of pleaded case but directed the opening of the Judicial Officer's complaint box. Transfer was noted as a matter for the competent authority.

What did the court decide?

Direction to open the judicial officer's complaint box in the presence of the officer; no departmental action directed; transfer prayer rejected.

Sher Bahadur Akram Khan and Ors. Vs the State of… — Service and Employment | Bombay HC (2011)

cri-wp-1037-11.doc

pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1037 OF 2011

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Sher Bahadur Akram Khan and ors. .. Petitioners

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Vs.

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State of Maharashtra and ors. .. Respondents

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Mr. Vishal Ingawale for petitioners. Mrs. P. P. Shinde, APP for State.

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CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ.

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August 04, 2011.

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P.C.

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We have heard the learned counsel for the petitioners who

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are the convicts undergoing life sentence at the Nashik Road Central

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Prison, Nashik. The petitioners pray for direction to initiate departmental

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action against jail officers on account of the ill-treatment meted out to

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them and for the petitioners’ transfer to any other prison in the State of Maharashtra.

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cri-wp-1037-11.doc

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On notice, Ms. Swati Madhav Sathe, Superintendent of

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Nashik Road Central Prison, Nashik has filed affidavit-in-reply and we have perused the same. She has denied the allegations of ill-treatment and has elaborately set out the prevailing practices or facilities available for religious prayers on every day as well as on very Friday. She has also pointed out that in the jail there are three complaint boxes under the lock and key and one of them is for the Judicial Officer who visits the said jail. The affidavit further states that the learned Sessions Judge visits the jail once in a fortnight and the learned Chief Judicial Magistrate visits the

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said jail every week. It is not the petitioners’ case that they have submitted any complaint to any of the Judicial Officers during the last about six months or so.

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So far as the transfer from the present jail is concerned, it is

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for the petitioners to apply to the competent authority at the first instance

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and the said prayer cannot be entertained in a writ petition directly. If the petitioners are aggrieved by a decision on such an application, they may approach the higher forum.

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cri-wp-1037-11.doc

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Hence, there is no case made out to direct disciplinary

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proceedings against any of the jail officers, much less, the Superintendent of Nashik Road Central Prison, Nashik. However, by way of abundant precaution, we direct that the complaint box which is for the complaints to be placed before the Judicial Officers will be opened in the presence of the said Judicial Officer during his visits. If the petitioners submit an application for transfer from the present jail to any other jail in Maharashtra within a period of two weeks from today, the same will be considered by the competent authority on its own merits and expeditiously.

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Save and except the above directions, petition is rejected.

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(U.D.SALVI, J.) (B. H. MARLAPALLE, J.)

Sher Bahadur Akram Khan and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sher Bahadur Akram Khan and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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