New Delhi: Taking serious note of alleged "darbar" held in jail by former don Arun Gawli to plan killing of several persons, the Supreme Court today (Apr 27, 2004) ordered setting up of Commission headed by one of its retired judges to probe into the lapses on the part of jail authorities and suggest remedial measures to prevent its recurrence.

A Bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat, while upholding the Bombay High Court order quashing the order of detention of Gawli under National Security Act (NSA), also asked the Maharashtra Government to conduct an "in depth" inquiry into the role of the officials.

However, it said that the high court was not right in imposing a cost of Rs 25,000 each on the then additional chief secretary P Subramanyam and IG prisons M G Narvane without holding inquiry into their alleged role of allowing numerous unauthorised visitors who met Gawli during his detention under NSA in the 1990s.

It said that the State Government after holding the inquiry was free to proceed departmentally or initiate action under the criminal law against the two officers even if they have retired.

As the three jail superintendents, who were slapped a cost of Rs 15,000 each by the high court, did not appeal against the order, the apex court did not alter the high court order concerning them.

The State Government officials could not explain before the high court how such large number of visitors were allowed to meet Gawli during his detention resulting in the order of imposition of penalty on the officers.