Kerala HC Orders Probe Into Alleged Attack On Viyyur Prison Inmates, Says Jail Officials Can't Adopt 'Third Degree' Measures To Enforce Discipline

Justice P.V. Kunhikrishnan directed that an independent inquiry has to be conducted by the State Crime Branch and disciplinary proceedings can also be initiated against the officials responsible for this.

“I am of the considered opinion that this is a matter to be investigated by a separate authority not connected to the jail authorities. It will be better to investigate the matter by the State Crime Branch. Therefore, the ADGP, Crime can be directed to investigate the matter under his direct supervision, if necessary through a special team constituted by the ADGP, Crime. If any disciplinary proceedings are necessary to the officers concerned based on the report of 4th respondent, the 2nd respondent will do the needful in accordance with law.”

The Court made it clear that it was necessary to maintain discipline in jail, but physical violence against prisoners cannot be tolerated. The Court stated that third degree methods should not be used against prisoners and that the basic idea behind imprisonment of prisoners was to reform them.

“It is true that some discipline is necessary inside the jail for which the jail authorities can take appropriate steps. But, physical attack to the prisoners cannot be tolerated. I do not want to make any observation about the above report. But Jail is not a place to show the physical strength of jail officials. It is true that the behaviour of convicts will be different. But it should not be tackled with third degree methods. Patience is necessary to tackle the convicts. The jail authorities should remember that, reformation of the convicts is the basic idea of imprisonment.”

The petitioners alleged that they suffered serious injuries and to hide the illegal activities happening in the jail, they were being detained in an isolated cell without medical assistance or other human access. It was alleged that their life was under threat.

As per the order of the Court dated October 16, 2023, the Chairman of the District Legal Services Authority visited the jail and submitted a detailed report before the Court. As per the report, the petitioners were assaulted by jail officials in connection with tobacco exchange in jail. The report also stated that apart from the statement of the petitioners, there was no other evidence like medical evidence to show that they were attacked in the jail. The report also stated that the grievances of the petitioners cannot be ignored.

On considering the matter, the Court passed the following order:

1. ADGP, Crime will investigate the matter based on the statement of the petitioners and if necessary, a special team will be constituted for enquiry.
2. The Director General, of Prisons and Correctional Services can initiate disciplinary proceedings against jail officials.
3. The ADGP, Crime and disciplinary authority shall take appropriate steps in accordance with law after considering the matter.

Counsel for the petitioners: Advocate N A Shafeek

Counsel for the respondents: Public Prosecutor Sreeja V

Citation: 2023 LiveLaw (Ker) 627

Case title: Jose v State of Kerala

Case number: CRL.MC NO. 8565 OF 2023

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