NEW DELHI, DECEMBER 16: Disturbed over the casual manner in which an undertrial Ajay Ghosh was kept in custody for over 37 years on murder charges, the Supreme Court on Thursday ordered judicial probe into the case and sought a report within six months.A three-judge bench headed by Chief Justice A S Anand, while requesting the Calcutta High Court to nominate a chief judicial magistrate to inquire into the matter, observed, "This case presents a pathetic state of affairs and demonstrates the manner in which Ajay Ghosh was treated."The bench of Justice Anand, Justice M J Rao and Justice V N Khare was hearing an application filed in a public interest litigation (PIL) by advocate R D Upadhyay highlighting the pitiable state of undertrial prisoners in jails.The court severely criticised the prison authorities in West Bengal for not providing complete details about the incarceration of Ghosh, who was arrested on January 28, 1962 on charges of murdering his brother Samir Ghosh.However, the trial waspostponed in 1963 following medical report that Ghosh was of unsound mind and not fit to stand trial.The apex court took exception to the fact that there was nothing available in the affidavit filed by the DIG (Prisons) regarding court proceedings during the period between 1964 and 1983 on the state of affairs pertaining to Ghosh.The court asked the prison authorities to file complete records in the case and observed, "The blatant manner in which human rights and right to life and liberty guaranteed under Article 21 of the constitution was violated is amply demonstrated in the case".Ghosh was transferred to Antara Gram Psychiatric Centre from Presidency Jail, Alipore, after the Calcutta High Court gave a direction in this regard in 1994 when another pil pointed out several cases including that of Ghosh.The apex court said, "The records produced do not show as to why Ghosh was not sent to mental hospital in 1962 or even thereafter till 1983, when he appears to have been shifted from one jail toanother.''West Bengal jail authorities rappedPrison officials severely criticised for not providing complete details about the incarceration of Ghosh and the court proceedings between 1964 and 1983.Bench asks why records produced do not mention the reason for Ghosh not being sent to a mental hospital in 1962 or even thereafter till 1983, when he appears to have been shifted from one jail to another.Judges ask why no steps were taken to act on the advice of the chief psychiatrist of the Antara Gram psychiatric centre that considering the age of Ghosh, he should be put in an old-age home under the supervision of a psychiatrist.
