Delhi High Court
Court On Its Own Motion vs Director General Prisons & Anr. on 11 August, 2020
$~6.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th August, 2020
+ W.P.(C) 3862/2020
COURT ON ITS OWN MOTION ..... Petitioner
Through: Court on its own motion
Versus
DIRECTOR GENERAL PRISONS & ANR. ..... Respondents
Through: Mr. Satyakam, ASC for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
1. This writ petition has been initiated by this Court on its own motion
on basis of a letter received from one jail inmate namely Purushottam Rana,
lodged in Jail No.15, Mandoli, Delhi, complaining therein about
maltreatment given to him by the jail official named in the complaint.
Notices were issued to the respondents vide our order dated 2nd July, 2020.
2. On receipt of notice along with paper book, the respondents
constituted a high level committee to look into the complaint in question and
enquire into the factual aspect of the matter. The said committee comprised
of the following members:
(a) Sh. Rajesh Chopra DIG (P) - Chairman
(b) Sh. Rajesh Chauhan, Superintendent Central Jail-4 - Member
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:13.08.2020
14:23:26
(c) Sh. Amit Kumar, Welfare Officer, Central Jail No. -12 - Member
3. The aforesaid high power committee constituted by the respondent,
after enquiry has given a detailed report. Moreover, the visiting Judge has
also filed a report as per the minutes of Hon'ble PIL Committee of this
Court dated 24th February, 2020. It appears from both the aforesaid reports
that there are allegations and counter allegations.
4. Para 10 of the high level fact finding committee, constituted by the
respondents, contain observations to the following effect:-
"10) That the observations of the fact finding committee are
summarised as under:-
I. The inmates lodged in High Security jail/wards include
fundamentalists, naxalites, extremists/terrorists, gangsters,
hired assassins, dacoits, serial killers/ rapists/ violent robbers,
drug offenders, habitual grave offenders/communal fanatics
and those highly prone to escapes/previous escapees/attack on
police and other dangerous offenders.
II. The complainant Purushottam Rana is one of the High
Risk Prisoners, having multiple cases of grievous nature lodged
against him, who was lodged in High Security Jail i.e.Central
Jail No. 15, Mandoli.
III. It was also considered that the report dated 11.09.2019
of SCJ-15 mentions that the allegations made by the accused
against the jail staff are without merit. The same is getting
substantiated based upon the statements of the jail staff
recorded during this fact finding inquiry.
IV. The inmate/witness to the incident Dharmender S/o Ram
Kishan in his statement before the Ld. Judge, has stated that
Assistant Superintendent Sh. Jai Singh had given beating to him
and Ranjit KK S/o Rajendran KK and Assistant Superintendent
Sh. Deepak Sharma was standing there.
Whereas inmate/witness to the incident, Ranjith KK in his
statement has stated that both the Assistant Superintendents Sh
.Jai Singh and Sh. Deepak Sharma had beaten him and
Dharmendra.
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Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:13.08.2020
14:23:26
Whereas, inmate/witness to the incident, Rambir S/o Harji Ram
in his statement had stated that inmates Dharmendra and
Ranjith KK were not beaten before him.
It is observed that the three witnesses tried to make similar
statements but defaulted on above points, which indicates that
they might have been tutored to give such a statement against
the jail staff in this particular incident when they were being
questioned on recovery of contraband item i.e. mobile phones
from the jails.
V. Prison Department deputed Assistant Superintendent Sh.
Jai Singh, at Central Jail No.15, Mandoli Jail for a short while
to control the menace of contrabands, especially mobile
phones, when the Prison Department faced embarrassment of a
video leak from Central Jail No.15 in month of March 2019.
Such allegations by likes of Mr.Purushottam Rana are only
intended to discourage officers like Sh. Jai Singh when they try
to control illegal activities of the incarcerated inmates.
VI. The complainant Purshottam Rana was lodged in Tihar
for the first time in 2006 and since then is a repeat offender
having multiple cases of murder, attempt to murder, kidnapping
and rape registered against him. He was also involved in
rioting inside the jail in Oct. 2015 in Central Jail No.01,
whereupon a case was registered against the miscreant
inmates, including him and Assistant Superintendent Sh. Jai
Singh is one of the witnesses in that case. His enmity with
Assistant Superintendent Sh. Jai Singh seems to be dated from
Oct. 2015 after he became witness in that case as per statement
of Sh. Jai Singh.
VII. The complainant Purshottam Rana was released on
interim bail upto 25.11.2019 based upon the release order
dated 18.09.2019 of the Hon'ble Court. He was to surrender to
the jail on 25.11 .2019, however, he has not surrendered till
date. This shows his disobedience to the rule of law and
disregard to the process of law and the Hon'ble Courts.
VIII. The inmates, who had deposed in favour of the
complainant Purshottam Rana before the Hon'ble visiting judge
during the fact finding enquiry do not reflect much regard to
the rule of law as well. The multiple cases and jail punishment
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Signing Date:13.08.2020
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tickets issued against them indicate their unruly behaviour and
improper conduct even during incarceration.
IX. Above circumstances make it evident that the statements
of the complainant Purushottam Rana and his associate
inmates are not trustworthy.
X. The multiple cases and jail punishments recorded against
criminals like Purushottam Rana, who himself is a dreaded
high risk prisoner, reflects that he is not the kind of person who
can be scared for life by mere threats of jail staff, as has been
alleged in his complaint."
5. Learned counsel for the respondents submitted that complainant
Purushottam Rana, upon whose letter this Public Interest Litigation has been
initiated, was granted bail on 18th September, 2019 and he had to surrender
before 25th November, 2019 but he has not yet surrendered.
6. Looking to the aforesaid facts and circumstances of the case, and the
status report filed on behalf of respondent - Government of NCT of Delhi
and the inquiry report dated 7th August, 2020 (Annexure - A), we see no
reason to further monitor this case as a Public Interest Litigation.
Nonetheless, we hereby direct the respondents to take all precautions to
ensure that there are no untoward incident of the nature complained of
within the jail. The State is dutybound to keep the jail inmates free from fear
and threat and also to ensure that there are no internal fights in jail premises.
7. With these observations, this writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 11, 2020/ns
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:13.08.2020
14:23:26
