Full Judgment Text
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CASE NO.:
Writ Petition (civil) 559 of 1994
PETITIONER:
R.D. UPADHYAY
RESPONDENT:
STATE OF ANDHRA PRADESH AND ORS.
DATE OF JUDGMENT: 29/11/2000
BENCH:
DR. A.S. ANAND. CJ & M. JAGANNADHA RAO & V.N. KHARE
JUDGMENT:
JUDGMENT
IN
I.A. No. 4
2000 Supp(5) SCR 167
The following Order of the Court was delivered :
We have heard Mr. Ranjit Kumar, learned Senior counsel appearing as Amicus,
assisted by Ms. Binu Tamta, learned counsel and Mr. Tapas Ray, learned
Senior Counsel appearing for the state of West Bengal, assisted by Mr. H K
Puri, learned counsel.
In our order dated 16th December, 1999, we had traced the history of
confinement of Ajoy Ghosh. From the report, submitted by the Chief Judicial
Magistrate, dated 15th January, 2000, it clearly emerges that between the
period 1964 and 1995, learned court of A.C.M.M. made no efforts to take any
action in the case of the unfortunate lunatic undertrial prisoner Ajoy
Ghosh languishing in jail since 1962. Even medical treatment was provided
to him only after the High Court intervened. The A.C.M.M. as well as the
Jail authorities had taken no action in that behalf. The Superintendent
Presidency Jail, Calcutta even later on took no action to send medical
reports of the physical and mental state of Ajoy Ghosh from 1964 to 1983
and thereafter till 1995. There may be many like Ajoy Ghosh languishing in
West Bengal or other jails of the country. There has been a complete
violation of the statutory provisions contained in the Prisons Act, 1990;
the Code of Criminal Procedure; and the Indian Lunacy Act, 1912 in dealing
with the case of Ajoy Ghosh. We are anguished. The authorities are required
to act according to law but the law has been unfortunately respected in its
breach. There has been no fixing of accountability even after this Court
pointed out the existence of the sad state of affairs concerning Ajoy
Ghosh. We shall revert to this aspect while finally disposing of this
application.
We have suggested to learned Amicus as well as to the learned counsel
appearing for the State of West Bengal to file a submission/suggestion note
for assistance of the Court to issue such guide-lines and directions as may
be necessary for ensuring that the detenus like Ajoy Ghosh do not suffer in
the manner in which Ajoy Ghosh has suffered
For the time being, we find that Ajoy Ghosh, under the directions of this
Court, has been accommodated in the Home maintained by Missionaries of
Charity (Brothers) at Kancharapara. The letter from the Regional Superior,
Br. Prem Anand M.C. of Missionaries of Charity dated 12th February, 2000
shows that they would take care of Ajoy Ghosh and their services would be
completely free and that the State Government need not pay for his
expenses. It is also noticed from that letter that Missionaries of Charity
care for the poorest of the poor, the sick and dying destitutes
irrespective of religion, cast, creed and colour, free of cost and they
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depend upon donations from generous persons.
We could have directed some interim compensation to be paid to Ajoy Ghosh
but considering his present state of mental and physical health, that would
not be of any avail. He has no known relatives either. We are conscious of
the fact that money award can be calculated only to make good financial
loss. It is not an award for the sufferings already undergone which are
incapable of calculation in terms of money. Money compensation may be
awarded so that something tangible may be procured to replace something of
the like nature which has been destroyed or lost. Money award cannot,
however, renew a physical frame that has been battered and shattered due to
callous attitude of others. All that the courts can do in such cases is to
award such sums of money, which may appear to be giving of some reasonable
compensation, assessed with moderation, to express court’s condemnation of
the tortious act committed by the State.
As an interim measure, we direct that a sum of Rs. two lacs shall be paid
by the State of West Bengal to the Missionaries of Charity (Brothers),
Howrah, by way of donation.
We make it clear that our direction is not to hurt the sentiments of the
Missionaries of Charity expressed in their letter but in appreciation of it
and this payment is not being made by way of expenses for taking care of
Ajoy Ghosh but only with a view to assist the Missionaries of Charity to
carry on with the good work that they are doing. Let the donation by the
State be made within six weeks and this Court informed about it.
We adjourn this matter by seven weeks, during which period a
submission/suggestion note may be filed.