ORDER
The Court
1. Report has been filed by Shri Nilesh Kumar, Advocate in pursuance of the Court's order dated 23rd January, 2002. Alongwith the Report, Shri Nilesh Kumar has annexed a copy of the communication dated 22nd January, 2002, from the Medical Superintendent, RINPAS, Kanke, Ranchi, addressed to the Divisional Commissioner, South Chota-nagpur, Ranchi, enclosing also therewith a list of 48 Inmates of the Institution (RINPAS) and informing the Divisional Commissioner, South Chotanagpur, Ranchi. that these 48 persons are now mentally fit for being discharged from this Institution.
2. This case was filed as Public Interest Matter after this Court received a Postcard from eight Inmates of RINPAS alleging that despite their having now been declared medically fit, they are being kept un-authorisedly and illegally in the aforesaid Lunatic Asylum and are not being discharged. Having treated the aforesaid Postcard as Public Interest Litigation (PIL) we requested Mr. Nilesh Kumar, Advocate to help us with his noble cause and he, we must say very categorically, very very painstaking, has prepared his Report, which we have noticed above.
3. Mr. A.K. Sinha, learned Senior Counsel appearing for the Director, RINPAS, has also supported the contention of Mr. Nilesh Kumar that these 48 persons having now been found to be medically fit and deserving to be discharged from the Lunatic Asylum should be taken over by the concerned Jails but due to the apparent culpable apathy and illegal neglect on the part of the concernedJail Superintendents/Police Officers/Courts, this is not being done. We have taken a very serious view of this criminal lapse on the part of the these institution in not responding to the call of RINPAS and to take back the aforesaid 48 persons.
4. After hearing the learned counsel for the parties, we dispose of this petition and by passing the following order issue hereinbelow contained directions : --
(1) The Director, RINPAS, Kanke, Ranchi with respect to all the aforesaid 48 Inmates, write to the Superintendents of Police and the Chief Judicial Magistrate of all the Districts from where these Inmates were referred to the Institution. (Whether these districts are in the State of Bihar or Jharkhand is totally immaterial for the purpose of this order). He shall convey to both these Authorities the fact that the inmates have now been declared medically fit and they are deserving of being discharged by this Institution. These communications shall be sent to the aforesaid District Authorities, namely, the Superintendents of Police and the Chief Judicial Magistrates of the Districts within one week from today. These communications shall be sent by Speed Post. Along with each communication, a copy of this order shall be enclosed.
(ii) Within one week from the date of receipt of the aforesaid communication, the Superintendents of Police of the concerned Districts shall ensure by making all appropriate arrangements to take over and shift the inmates from the RINPAS and lodge them back in the Jails from where they were referred. The concerned Chief Judicial Magistrates of the Districts in absolute implementation and execution of these directions shall liaison with the concerned Superintendents of Police and both of them shall jointly ensure that these directions are implemented in letter and spirit.
(iii) All the Inmates shall be at liberty to apply to the concerned Chief Judicial Magistrates or other trial Courts for being released on bail. Orders on their bail applications shall be passed within two weeks from the date these are filed. After the concerned Chief Judicial Magistrates or the concerned trial Courts decide toorder their release on bail in accordance with the established principles of law. they shall also decide whether keeping in view the minor nature of the offences alleged against them and the long periods for which they have already been in custody, they can be ordered to be released on mere submission of Personal Bonds without furnishing any surety,
5. Out of the aforesaid eight persons, we have been informed that Md. Sakir Khan has already been ordered to be released on bail but because no one is coming forth to offer sureties on his behalf, he is being kept in custody. With respect to Bishwanath Singh, another person out of the aforesaid eight, we are informed that he has been made accused only for an offence under Section 379 of the Indian Penal Code read with Section 39/44 of the Indian Electricity Act.
6. With respect to both the aforesaid persons, we direct that the Director, RINPAS. Kanke, Ranchi, himself shall release them on bail on their mere filing of Personal Bonds in the amount of Rs. 5000/- (Rupees five thousand) each. The Director, RINPAS, shall forward the Personal Bonds to the concerned trial Court, where they are facing trial. The Personal Bonds shall be in' the usual format.
7. Before parting, we wish to place on record our very deep sense of appreciation and gratitude for the excellent work done by the Mr. Nilesh Kumar, Advocate.