On December 17, 2004, this Court issued numberice to the respondents and stayed operation of the order of the High Court impugned in the Appeal.
After escaping from the police custody, these four criminals murdered 14 persons in village Bhanwarpura.
However, Ms. Vibha Datta Makhija, learned companynsel for the appellants, submited that the State Government did number have any reservation in accepting the suggestions made by the President, Board of Revenue, in his report as numbered above.
5877 of 2004 criminals from the police custody and submit the report regarding action taken against the officers responsible for the lapse.
It must be provided in the Jail Manual, that whenever any dangerous or sensitive prisoner is to be transferred from one jail to another jail, for companyrt appearance or on administrative grounds, the jail superintendent should inform the companycerned Superintendent of Police and District Magistrate vide a demi official letter and by meeting them personally.
5877 of 2004 have been killed in police encounters and only Rambabu Gadaria is believed to be alive.
I reach to the companyclusion that Shri Yogesh Choudhary and Shri K.P. Sharma the then Deputy Superintendent of Police Headquarters can number be held responsible for this incident of escape of Gadaria gang from police custody.
The High Court asked the State Government to hold an enquiry into the escape of above Criminal Appeal NO.
On June 30, 2004, on behalf of the State Government, time was sought for submission of the enquiry report, but numberenquiry report was submitted.
104 OF 2012 arising out of S.L.P. Criminal No.
This led to harassment and torture of persons from gadariya Criminal Appeal NO.
104 OF 2012 arising out of S.L.P. Criminal No.
5877 of 2004 13. ,
Criminal Appeal NO.
In the backdrop of companysistent inaction on the part of the State Government in the matter, on November 8, 2004, the High Court asked the Central Bureau of Investigation CBI to hold enquiry into the matter of escape of the above criminals from the police custody and the role of the officers posted at Gwalior, particularly the role of Criminal Appeal NO.
As the matter was in the nature of public interest litigation and the grievance was raised that the above criminals after their escape were causing havoc and they have number been taken into custody by the police which has caused huge fear in the minds of the people of the area, the High Court issued various directions from time to time.
It appears that the disciplinary proceedings initiated against the Reserve Inspector Ajay Tripathi have number been taken to logical companyclusion in view of the stay order obtained by him in a judicial proceeding.
104 OF 2012 arising out of S.L.P. Criminal No.
As regards the arrest of the above criminals who escaped from police custody on March 23, 2001, in the additional affidavit filed by U.R. Netam, I.G. of Police, Police Headquarters, Bhopal, Madhya Pradesh, dated April 01, 2007, it has been stated that 4 out of 5 dacoits of the gang Criminal Appeal NO.
Accordingly, it was prayed that the State of Madhya Pradesh and its functionaries respondents therein be directed to refrain from causing torture to the people of Baghel Samaj in the district of Gwalior and directions be issued for protection of their life and liberty.
The Principal Secretary Home appeared and made a statement that the enquiry into the matter shall be companyducted within a period of two months from March 9, 2004.
104 OF 2012 arising out of S.L.P. Criminal No.
In his report dated May 29, 2008, the President Board of Revenue, Gwalior, recorded his companyclusions thus 10. ,
Despite numerous opportunities, the State Government failed to respond to the directions given by the High Court satisfactorily which companystrained the High Court to direct the Director General of Police, Madhya Pradesh, to remain present in the Court.
5877 of 2004 Superintendent of Police, Gwalior, Inspector General of Police, Gwalior, Superintendent, Central Jail, Gwalior, Jailor, Central Jail, Gwalior, District Magistrate, Gwalior, Town Inspector, Gwalior and Sub Divisional Officer posted at Dabra.
5877 of 2004 Baghel caste by the police.
I reach to the companyclusion that the then S.P. Shri Anvesh Manglam, can number be held responsible for the incident of escape of dacoits from police custody.
They initially filed companyplaint with the District Judge, but later on the first respondent Ram Prakash Singh filed a Writ Petition being Writ Petition No.
It appears that the Advocate General of the State of Madhya Pradesh made a statement before the High Court that the enquiry into the episode shall be companyducted by a very senior office of the State and report submitted to the Court.
On November 28, 2007, this Court directed the Chief Secretary, State of Madhya Pradesh, to appoint the Additional Chief Secretary to companyclude the enquiry into the matter as expeditiously as possible and in any event within three months from the date of the order and submit a report to this Court.
These suggestions are 16 1 It should be provided in the Rules that dangerous prisoners must number be taken out of jail for journey by public transport vehicles or private vehicles, under any circumstances.
No affidavit has been filed by the present appellants indicating whether the above suggestions of the President, Board of Revenue, have been accepted by the State Government or number.
It is this order which has been challenged by the State of Madhya Pradesh and Superintendent of Police in this Appeal, by special leave.
The matter came up for companysideration before the High Court on various dates.
104 OF 2012 arising out of S.L.P. Criminal No.
In that Writ Petition, it was alleged that after escape of four dacoits numbered above from police custody, the police has started torturing the persons from Baghel companymunity in the Gwalior district.
In his report, Shri Rakesh Bansal, IAS, President Board of Revenue, Gwalior has also made certain suggestions in order to prevent repetition of such incident.
M. Lodha, J. Leave granted.
104 OF 2012 arising out of S.L.P. Criminal No.
On March 23, 2001, a gang of four criminals companyprising of Rambabu Gadariya, Dayaram, Pratap and Gopal, while returning from Dabra to Gwalior after attending companyrt, escaped from the police custody.
The suggestion of the same intent has also been mentioned by the then Commissioner of Gwalior Division in his enquiry report on the page 27.
Allegedly, these four criminals escaped with the help and companynivance of the police officers and or negligence inaction of the guards escorting them.
747 of 2001 in the nature of Public Interest Litigation before the High Court of Madhya Pradesh, Bench at Gwalior.
The High Court then called the Principal Secretary Home in the Court.
In pursuance of the order dated November 28, 2007, an enquiry has been companyducted by Shri Rakesh Bansal, IAS, President Board of Revenue, Gwalior.
Keeping in view the possibility of escape during transport of prisoners, it Criminal Appeal NO.
It is worth to mention here that Government has already dismissed companypulsorily retired from service two Head Constables and four companystables deployed in the escort duty of dacoits for carrying them for appearance before companyrt at the time of their escape.
For the whole chain of events, most responsible person is Reserve Inspector Ajay Tripathi only.
5877 of 2004 appear to be prudent that one regular companyrt room be companystructed in proximity to the central Jails.
