HC concerned over alleged lapses related to prisoners' safety in jail, says impartial examination needed

New Delhi, Nov 19 (PTI) The Delhi High Court has expressed serious concern over the alleged lapses in the administration of jail premises related to the safety and treatment of inmates.

The high court observations came while dealing with a petition of an inmate, lodged in Mandoli jail here, who alleged that he and other prisoners were being subjected to assault and harassment for extortion of money at the behest of jail officials.

Justice Sanjeev Narula directed that this petition be treated as a complaint by the investigating officer in the court-monitored CBI investigation initiated over similar charges.

“Upon conducting a preliminary inquiry, it shall be open to the investigating officer to determine as to whether the allegations warrant registration of a separate case or can be appropriately examined as part of the ongoing investigation in…,” the court said in a November 7 order.

While considering the gravity and seriousness of the allegations levelled by the petitioner inmate, which the HC said are supported by prima facie material, the high court said they cannot be brushed aside.

“Alleged lapses in the administration and supervision of jail premises, particularly those relating to the safety and treatment of inmates, raise matters of serious concern.

"Any lapse that has the potential to endanger the life and well-being of persons in custody, who are under the protection of the State, warrants a fair and impartial examination through appropriate mechanisms,” it said.

The petitioner, Farman, accused in an Arms Act case, alleged that on June 7, 2024, he was physically assaulted by certain inmates, purportedly acting on the instructions of jail officials and that the incident was captured on CCTV.

He further alleged that the acts formed part of a larger pattern of extortion within the jail in which inmates were compelled to make monetary payments through digital platforms under threat of violence.

The inmate said that despite payment of substantial amounts under threat, the alleged ill-treatment had not ceased but instead had intensified.

The counsel for the authorities denied the allegations and said that pursuant to an order of a division bench of the high court on October 28, the CBI has registered an FIR under Section 386 and 120B of IPC, Section 61(2) read with Section 308(5) of the Bharatiya Nyaya Sanhita and Section 7 of the Prevention of Corruption Act, concerning allegations of a similar nature.

The counsel also said that the Delhi Government's Directorate of Vigilance has also appointed an inquiry officer to examine possible administrative lapses.

The high court said that the petitioner's request for transfer from Central Jail, Mandoli, to any other district jail is not being acceded to, at this stage.

However, in the event the outcome of the investigation or inquiry discloses merit in the allegations levelled by the petitioner, he would be at liberty to seek appropriate reliefs before the competent forum, it said. PTI SKV RT