Synopsis of the petition
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BEFROE THE NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. _____/2011
Arun Thomas Ferreira …………………………………………………. Petitioner
Versus
State of Maharashtra
through Home Secretary, Mumbai
& 10 others ………………………………………………………………….Respondents
Synopsis
| The petitioner has been in continuous incarceration since over four and a half years and is presently lodged as an unconvinced, undertrial prisoner at Nagpur Central Prison, Wardha Road, Nagpur – 440020 | |
| The method and manner in which the Petitioner has been deprived of his fundamental & Legal Rights is stated as under: | |
| 8/5/2007 to 29/1/2008 | The Petitioner was arrested in C.R.No. 149/07 of Dhantoli P.S. Petitioner was subsequently implicated in 6 cases of Gondia District and 1 case of Chandrapur district. List of cases in which Petitioner was shown to be arrested in 2007-2008 , marked as Exhibit “A”. |
| 7/4/2008 to 3/5/2008 | Petitioner joined 12 other undertrial prisoners of the Nagpur Central Prison in a hunger strike that lasted 27 days which was launched to highlight various grievances and in particular, against the unlawful arrests from jail of prisoners ordered to be released by the Courts. The notices / applications regarding such hunger –strike, listing the grievances were sent also to this Hon’ble Court, which converted the same into criminal Writ Petition No. 454 of 2008, in which the present Petitioner was listed as one of the Petitioners at Serial No. 3 copy of notice of hunger-strike which was converted into criminal writ petition no. 454 of 2008 marked as Exhibit “B”. |
| 15/1/2009 | Criminal W.P. 454/2008 arising out of demands of above referred hunger strike came to be disposed of with the observation that grievances are multifarious and manifold and with direction to amicus curiae to “file proper petition after securing entire information which he deems relevant to have at his hand after he interviews the undertrial prisoner shri. Arun Thomas Ferreira, who is not so far released”, and stating that petition is disposed off” without affecting any of the liberties available to the Petitioners to file fresh petition” Copy of order marked as Exhibit “C” |
| 26/9/2011 | Petitioners furnished required u/s 437A Cr.P.C. and was to be released on the next day i.e. 27/9/2011 |
| 27/9/2011 14.30 hours |
Petitioner on release while stepping out of jail inner – gate, was forcibly abducted, confine to un-numbered vehicle driven off from prison by unknown men, with participation and collusion of Respondents, Photographs of this act and Newspapers cuttings of reports of this incident marked as Exhibit “D” and Exhibit “E” respectively. |
| Respondent no. 7 and Respondents 9,10 and 11 who had been called at the behest of Respondent no. 7 , obstructed and prevented the Petitioner’s advocates and family members from meeting the Petitioner and even man handled and threatened the advocates. | |
| 15.30 hours | Advocates of Petitioner submitted a written complaint at the Dhantoli P.S. Addressed to the Respondent No. 8 regarding the aforesaid incident .The Duty Officer refused to acknowledge receipt of this complaint in writing. |
| 19.07 hours | Advocates of the Petitioner sent the above referred complaint by Speed Post to the Respondent no. 8, Respondent no. 6, the Administrative Judge of this Hon’ble Court and the Chairperson, State Human Rights Commission. Copy of the said complaint and English translation thereof is marked as “Exhibit “F”. |
| 14.30 hours onwards | The petitioner confined and conveyed secretly by the unknown men in the un-numbered vehicle, which after repeatedly changing directions was taken to the Desaiganj P.S. of Gadchiroli District, where custody of the Petitioner was handed over to the Respondent No.4 |
| 19.30 hours | Respondent no. 4 informed the Petitioner that he was being arrested in C.R.No. 14 of 2007 of Purada P.S. |
| 28/09/2011 16.30 hours |
Petitioner produced before Hon’ble JMFC, Desaiganj (additional charge of JMFC, Kurkheda), Respondent No. 4 submitted before the Hon’ble Court that the Petitioner was absconds in CR.No. 14/2007 and the Hon’ble Court noted the same in its remand order dated 28/09/11, copy of which is marked as Exhibit “G” |
| Petitioner made an application in person before the Hon’ble JMFC submitting facts concerning his four years four months in custody, his earlier acquittals and his abduction on release from prison on 27/9/2011, violations of requirements laid down by Supreme Court and pointed out that he could not be an absconder as he had been in continuous detention throughout the period prior to the first charge sheet of the said crime and since then till date. He prayed that his arrest be declared illegal. | |
| 29/09/2011 | The Hon’ble JMFC, Kurkheda passed ordrs of the above referred application of the Petitioner rejecting the Petitioner’s plea of illegal arrest. Copy of this order along with the Petitioner’s application dated 28/9/2011 is marked asExhibit H”. |
| 30/09/2011 | On completion of police custody in CR. No. 14/2007 of Purada P.S., the Petitioner is produced before the Hon’ble JMFC, Kurkheda, Respondent No. 5 submits an application to arrest the Petitioner in CR.No. 23/2007 of Purada P.S. falsely stating that chargesheet had previously been filed U/s 299 Cr.P.C. against the Petitioner. Copy of this application and English translation thereof is marked as Exhibit “L” The Hon’ble JMFC, Kurkheda was pleased to allow the application and granted police custody of 3 days vide an order which inter alia observed that chrge sheet had been filed in the said crime showing the Petitioner as absconding copy of said order is marked as Exhibit “I” |
| Respondent No. 5 sent wireless message to all police stations in Gadchiroli District regarding the arrest of the Petitioner and instructing them to appear with requisite papers in the Court of the Petitioner was required in any offence. Copy of wireless message is marked as Exhibit “M”. | |
| 3/10/2011 | Petitioner produced before the Hon’ble JMFC, Kurkheda and remanded to judicial custody and again lodged back in the Nagpur Central Prison, as a new inmate. |
| 21/10/2011 | Supplementary chargesheet in CR. No. 14/2007 and CR. No. 23/2007 of Purada P.S. filed and after copies thereof were furnished to the Petitioner, both cases were committed to the Court of Sessions of Gadchiroli. |
| Supplementary chargesheet in CR.No. 14/2007 of Purada P.S. contained a copy of an Arrest Form purportedly prepared on 27th September, 2011, showing 17.30 hours at Desaiganj as place and time of arrest and signed only by the I.O. i.e. Respondent No. 4 and without required signatures of a witness and the arrestee. Copy of the said Form is marked asExhibit “K” | |
| 10/11/2011 | The Hon’ble Sessions Judge at Gadchiroli grants bail u/s 439 Cr.P.C. to the Petitioner in C.R.No. 23/2007 of Purada P.S. and currently registered as Sessions Case No. 101/2011, observing that the State had not given strong reasons for enormous delay in arresting the Petitioner. Copy of bail order and English Translation is marked as Exhibit “J” |
| The petitioner is presently in judicial custody at Nagpur Central Prison and remains in constant fear in apprehension of yet more similar actions that will force him into extended incarceration. |
Acts relied on: Indian Penal Code of Criminal Procedure
Constriction of India Other acts with the leave of the Court
Judgments Relies on: All the judgments mentioned in the Petition and others with the leave of the Court.
NAGPUR
COUNSEL FOR PETITIONER
