Chaudhry pointed out the conditions in the prison as deposed by Navlakha on affidavit.
“The barrack was not just unfit for medical quarantine but wholly unfit for human habitation. The ward was filthy and full of grime and cockroaches. The barrack had 4 bathrooms which were malfunctioning and extremely unhygienic, unsanitary and smelt foul. None of the bathrooms had any doors and were extremely dirty with feces and urine lying on the floor. Inmates were forced to perform their ablutions in the open with no privacy. The water coming from the taps was muddy and unclean,” the affidavit stated.
Justice Shukre at this point asked if the prison officials had filed any response to the same. When Chaudhry pointed out that an affidavit had been filed, but it did not address the concerns raised, the Court reprimanded the prison officials for their casual approach.
“The State has not bothered to file any affidavit. So we will have to hold that whatever has been submitted is true. We will pass strictures then,” the Court asserted.
The Court then dictated an order stating,
“The reply affidavit of the state government prima facie gives us an impression that whatever is alleged by the petitioner might be true. This is further bolstered by the absence of a government lawyer in court when the petitioner’s advocate is arguing.”
The Court also suggested the state to consider initiating appropriate actions against the erring law officer.
However, additional public prosecutor Sangeeta Shinde appeared before the Bench at that juncture and requested the Court to recall the order in light of the fact that the chief public prosecutor was held up in another court.
The Court said that it will not sign the order if the PP tenders a written apology.
“The matter which is to be given the first priority is given the last priority. If you give written apology, then we will not sign the order,” the Bench remarked.
The Court also called upon the Advocate General to look into this matter and suggest corrective measures to be followed by the prison authorities by tomorrow, when the matter will be taken up for hearing.
Source: Barandbench
