TMI Blog2005 (2) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... orts showed that Fast Track Sessions Court. Madhepura in a pending trial before it had issued a production warrant and pursuant to the said warrant respondent was taken to Madhepura. Report also stated that the said day was declared as holiday, therefore, he was produced before the Jurisdictional Magistrate and was remanded back to custody. The reports did not, however, indicate on what basis the respondent was permitted to address a political meeting while he was still under custody. The averment in the report filed by the CBI shows that the respondent in collusion with the police authorities accompanying him to Madhepura addressed a public meeting and the escort accompanying him took him to various places which the respondent wanted to visit beyond the scope of the production warrant. 5. The correctness of the issue of the production warrant by Fast Track Court has been directed by us to be investigated by the District Sessions Judge, Madhepura and the report of the said Judge as well as the explanation given by the Presiding Officer, Fast Track Court is under consideration of this Court and it is not necessary to deal with the same at this stage. Suffice it to note that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation before the High Court for grant of bail which came to be allowed by the order of the High Court dated 21st September, 2004 and pursuant to the said order of bail the respondent came to be released from Jail. The said order of the High Court granting bail was challenged before this Court by the complainant and the Investigating Agency (CBI) but what happened in between is worth noticing, on 26th of September, 2004 when the respondent was out of Jail because of the bail granted by the High Court, he instead of getting himself treated for the ailment which is complaining of, it is alleged that he was hosting a party for his co-prisoners in the Jail late in the night of that day. While the authorities in the reports submitted pursuant to the directions issued by this Court did not admit that a party was given by the accused on 26th of September, 2004 they did admit that between 9.30 p.m. to 10.00 p.m. on that night the respondent did unauthorisedly visit the Jail contrary to all restrictions on the entry to Jail under the Jail manual. A complaint in regard to this unauthorised entry of the respondent to the prohibited areas of Jail premises is registered and based on the directio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from Madhepura constituency he was not entitled to have such visitors having regard to Special Rules for Division I Prisoners, Rule 1000 which permits interviews only once every fortnight and Rule 1001 which debars political matters being included in the conversation. These rules also stand violated. 16. Thus, the material recorded hereinabove shows that the respondent has absolutely no respect for rule of law nor he is in any manner afraid of the consequences of his unlawful acts. This is clear from the fact that some of the acts of the respondent recorded hereinabove have been committed even when his application for grant of bail is pending. 17. The material on record also shows that the Jail authorities at Beur are not in a position to control the illegal activities of this respondent for whatever reasons it may be. 18. Shri R.K. Jain, learned senior counsel appearing for the respondent submitted that no fault can be found with the respondent for his having been found in Madhepura because he was summoned by a court. But in our opinion, that by itself would not absolve the conduct of the respondent in addressing a political meeting. Even the fact that the respondent ente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law of the land, cannot contend that it is not permissible to transfer him from one jail to another because the Jail Manual does not provide for it. If the factual situation requires the transfer of a prisoner from one prison to another, be he a convict or an undertrial. Courts are not to be a helpless bystander when the rule of law is being challenged with impunity. The arms of law are long enough to remedy the situation even by transferring a prisoner from one prison to another, that is by assuming that the concerned Jail Manual does not provide such a transfer. In our opinion, the argument of the learned counsel, as noted above, undermines the authority and majesty of law. The facts narrated hereinabove clearly show that the respondent has time and again flouted the law even while he was in custody and sometimes even when he was on bail. We must note herein with all seriousness that the authorities manning the Beur jail and the concerned doctors of the Patna Medical College Hospital, for their own reasons, either willingly or otherwise, have enabled the respondent to flout the law. In this process, we think the concerned authorities, especially the authorities at the Beur Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been held in Supreme Court Bar Association v. Union of India [1998]2SCR795 but it is useful to note the following : 48... Indeed, these constitutional powers cannot in any way, he controlled by any statutory provisions but at the same time these powers are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in a statute dealing expressly with the subject. 27. It may therefore be understood that the plenary powers of this Court under Article 142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes. These powers also exist independent of the statutes with a view to do complete justice between the parties...and are in the nature of supplementary powers...[and] may be put on a different and perhaps even wider footing than ordinary inherent powers of a court to prevent injustice. The advantage that is derived from a constitutional provision couched in such a wide compass is that it prevents 'clogging or obstruction of the stream of justice. [See Supreme Court Bar Assoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India, MANU/SC/0901/1994 it was held that the power of the Supreme Court under Article 142(1) cannot be diluted by Section 6 of the Delhi Special Police Establishment Act 1946. 30. In State of Karnataka v. State of Andhra Pradesh and Ors. AIR2001SC1560, this Court held: 60...It is also true that Article 142 confers wide powers on this Court to do complete justice between the parties and the Court can pass any order or issue any direction that may be necessary... 31. In State of West Bengal v. Sampat Lal 1985CriLJ516, this Court held: ...In our considered opinion, Section 6 of the Act does not apply when the Court gives a direction to the CBI to conduct an investigation and counsel for the parties rightly did not dispute this position. In this view... 32. Article 142 vests the Supreme Court with a repository of discretionary power that can be wielded in appropriate circumstances to deliver complete justice in a given case. Only Bangladesh (Article 104) and Nepal (Article 88(2)) include similar provisions in their Constitutions. 33. Article 142 is an important constitutional power granted to this Court to protect the citizens. In a given situation when la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s discerned from Dandu Lakshmi Reddy v. State of A.P. 1999CriLJ4287 . 39. Finally, as observed from the decisions in Vishaka v. State of Rajasthan MANU/SC/0786/1997 : AIR1997SC3011 and Vineet Narain v. Union of India MANU/SC/0827/1998 : 1998CriLJ1208, directions issued by this Court under Article 142 form the law of the land in the absence of any substantive law covering that field. Such directions fill the vacuum until the legislature enacts substantive law. 40. In Zahira Habibullah Sheikh and Anr. v. State of Gujarat and Ors. MANU/SC/0489/2004 : 2004CriLJ2855, this Court held that the power to transfer a criminal trial from one State to another is within the jurisdiction of this Court under Article 142 of the Constitution. 41. Shri Jain also contended that this Court has no jurisdiction to initiate a suo moto action to transfer the respondent exercising the power under Article 142 of the Constitution. He further contended that during his long tenure in custody, the respondent has violated the law only two or three times and that he is now a changed man, hence a further opportunity should be given to him before we decide to transfer him from Beur jail. Here, we may remi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ip to the wife and children of the respondent who we are told are normally residents of Delhi. His wife being Member of Parliament and two young children going to school in Delhi. Taking into consideration the overall fact situation of the case, we think it appropriate that the respondent be transferred to Tihar Jail at Delhi and we direct the seniormost officer-in-charge of Tihar Jail to make such arrangements as he thinks is necessary to prevent the reoccurrence of the activities of the respondent of the nature referred to hereinabove and shall allow no special privileges to him unless he is entitled to the same in law. His conduct during his custody in Tihar Jail will specially be monitored and if necessary be reported to this Court. However, the respondent shall be entitled to the benefit of the visit of his family as provided for under the Jail manual of Tihar. He shall also be entitled to such categorization and such facilities available to him in law. 45. We also direct that the trial of the case in Patna shall continue without the presence of the appellant by the court dispensing such presence and to the extent possible shall be conducted with the aid of video conferenci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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