Jharkhand High Court
Court On Its Own Motion vs State Of Jharkhand on 5 May, 2015
Author: Virender Singh
Bench: Virender Singh, P.P. Bhatt
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P (PIL) No. 2774 OF 2013
...
Court On Its Own Motion ... Petitioner
-V e r s u s-
State of Jharkhand ...Respondent
With
W.P (PIL) No. 3114 OF 2012
Sabhapati Prasad Kushwaha ... Petitioner
-V e r s u s-
State of Jharkhand & Others ... Respondents
With
W.P (PIL) No. 638 OF 2015
Court On Its Own Motion ... Petitioner
-V e r s u s-
State of Jharkhand & Others .....Respondents
...
CORAM: - HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE
HON'BLE MR. JUSTICE P.P. BHATT.
...
For the Petitioner : Mr. Manoj Tandon, Advocate
[WP(PIL) Nos.2774/2013 &638/2015]
For the Petitioner : Ms. Vipul Divya, Advocate
[WP(PIL) No.3114/2012]
For the Respondent-State: Mr. Jai Prakash, A.A.G &
(all cases) Mr. Abhay Kumar Mishra, SC III
...
15/ Dated : 5th May, 2015
Per Virender Singh, C.J.:
Complete list of all the 26 jails in the State of Jharkhand, where mental patients, female prisoners, female prisoners along with children, female prisoners who are pregnant, female prisoners who have delivered child while in jail (under-trial/convicts) has been provided to the Court. List of number of children who are presently staying with the female prisoners is also supplied to the Court. Mr. Jai Prakash states that a proper care is being given to all these jail inmates in terms of the Supreme Court direction.
Assistant Inspector General (Prison), who is present today, has also filed his affidavit with regard to medical upgradation of prisons in two central jails where X-ray machine, Ultrasound machine, ECG machine, Biochemistry Analyser, Dental Chair and Hospital Beds have been provided. Certain physiotherapy equipments have also been made available in Central Jail, Ranchi. Court has been informed that 2 Technicians have also been deputed by Civil Surgeons for operating the aforesaid machines, as and when required. Doctors of different streams are also visiting the jail inmates periodically.
With regard to the enrollment of the Para Legal Volunteer in the jail, Mr. Jai Prakash states that the latest position is that in all the 26 jails 140 Para Legal Volunteers have been enrolled. He states that however, there is some confusion with the Jail Superintendents with regard to the duties to be assigned to these Para Legal Volunteers and monitoring thereof, therefore, some co-ordination is required in this regard with each District Legal Services Authority so that after working out the modalities, a uniform pattern is adopted. He states that working days to be allotted to each Para Legal Volunteer already enrolled is also one area which requires clarification from Jharkhand State Legal Services Authority and in case any register is to be maintained in this regard, it would be most appropriate if the same is provided by District Legal Services Authority. We appreciate it.
Member Secretary, Jharkhand State Legal Services Authority is directed to look into this aspect and do the needful without any waste of time.
With regard to the minimum wages to be paid to the jail convicts/under-trial prisoners, Mr. Jai Prakash has drawn attention of the Court at para-7 of the affidavit filed by AIG (Prison), wherein it is mentioned that the Labour Department vide memo no.1336 dated 25 th August, 2014 has fixed the minimum wages as under :-
Sl.No. Type Basic (`) VDA (`) Total (`) 1 Unskilled 127 to 142 Avg.-134.50 51.67 186.17 2 Semi-skilled 142 to 158 Avg.-150.00 57.77 207.77 3 Skilled 158 to 191 Avg.-174.50 64.29 238.79
However, according to Mr. Jai Prakash, the recommendation of the Prisoners Wages Revision Committee has been sent to the Home 3 Department for its approval, but no decision has been taken by the Home Department till date.
On specific query put to Mr. Jai Prakash as to when was the recommendation forwarded to the Home Department for its approval, he on instructions from the AIG (Prison) states that it was sent on 9 th April, 2015. Undoubtedly, there is a delay at the end of AIG (Prison) in making this recommendation to the Home Department. However, Principal Secretary (Home), [not arrayed as party respondent] is directed to look into it and take an appropriate decision without any waste of time, preferably within two weeks only from the date, copy of the order is made available to him which shall be the responsibility of Mr. Jai Prakash only.
With regard to filling-up of the vacant posts, as indicated in para-15 of the affidavit dated 17th March, 2015, Mr. Jai Prakash states that the State has taken all necessary steps in this regard and that the latest progress report will be provided to the Court on the next date of hearing.
We defer consideration of these petitions for four weeks. List again on 23rd June, 2015.
Appearance of the State officials, who are present today, is dispensed with.
Copy of this order be provided to learned the counsel for both the sides under the seal and signature of the Court Master and that Member Secretary, Jharkhand State Legal Services Authority be also made aware of the order of the Court for its compliance.
(Virender Singh, C.J.) (P.P. Bhatt, J.) Shamim/Birendra