Claims Of Beating In Tihar Jail: Delhi High Court Orders Summary Inquiry By Metropolitan Magistrate

The Bench of Justice J. R. Midha and Justice A. J. Bhambhani directed the Principal District and Sessions Judge (Headquarters) to nominate a Metropolitan Magistrate to conduct a summary inquiry into the complaint made by the appellant (named Mohd. Sumer).

The Court has directed that necessary inquiry be completed within a period of four weeks from the date of the nomination of the Judicial Officer by the Principal District and Sessions Judge (Headquarters).

The matter before the Court

The appellant (named Mohd. Sumer) has been convicted for Offence U/s. 302 IPC for which he is presently undergoing sentence at Tihar Jail and his appeal is pending before the Delhi High Court.

In the month of August, he moved Delhi HC for interim suspension of on medical grounds. The application to that effect is presently pending consideration before the HC.

Appellant's Counsel Informed the HC about the incident [03^rd November]

As per the allegations of the appellant, on the night of 28^th October 2020, he, along with various other inmates were mercilessly beaten by the jail staff and police officials without any provocation. The incident pertains to Jail no.1 of Tihar Prisons.

Apart from that, after the said incident, all the inmates in question were kept in a single cell and were neither given medication nor proper food.

The Counsel for the Appellant, Advocate Sharad Malhotra informed the HC about this incident on 03.11.2020, pursuant to which, a report was called upon by the court regarding the same. The CCTV footage was also called for.

The state filed its status report dated 04.11.2020 on 05.11.2020 wherein they denied all the allegations of the appellant and stated that there was an incident of infighting between the inmates and that the appellant and his other associates inflicted injuries upon themselves.

However, the state failed to provide any CCTV footage w.r.t. the incident stating that it was non-functional at that time due to some technical fault.

Counsel stated the allegations on affidavit

Vide order dated 05.11.2020, the appellant was directed to file its reply to the status report and state the allegations on affidavit.

Thereafter, the affidavit of the appellant was prepared and filed, wherein the names of the officials of the jail/ wardens etc. were mentioned and it was also stated that they deliberately switched off the cameras every time they wanted to beat any inmate.

Speaking to Live Law, Appellant's Counsel Sharad Malhotra confirmed the developments in the matter.

Court's 11^th December Order

After going through the affidavit, vide order dated 11.12.2020, the HC has asked the Standing counsel to take up the matter with DG Prisons.

A similar incident had also occurred in the year 2017 where after, the conducting of inquiry various reforms were brought out w.r.t. installation of CCTV cameras in prisons and the same was widely reported.

Both the parties have been permitted to assist concerned Metropolitan Magistrate in conducting the inquiry.

The report of the Metropolitan Magistrate has been directed to be filed before the Court in a sealed cover within two weeks of the conclusion of the inquiry.

Similar Cases from Tihar Jail

In November 2017, a PIL was filed in the Delhi High Court alleging that one Shahid Husuf, who was being probed by the NIA and was an undergoing trial, was beaten up without any reason by the Tihar Jail staff.

The Delhi High Court had formed a fact-finding committee comprising District Judge Brijesh Sethi, Professor Mrinal Sethi from National Law University and Advocate Sumeet Verma to investigate the matter.

The panel had concluded that there was a need for effective CCTV cameras as the footages of the incident were either not available or overwritten.

In the year 2017, the Delhi High Court had ordered 'fair' probe into the allegations of 47 prisoners that their human rights were violated by the jail authorities who tortured them and beat them up mercilessly and did not care to provide any medical treatment while also barring access to their families to meet them.

Further, in the year 2018, a bench of Justice S. Muralidhar and Justice Vinod Goel (Delhi High Court) had issued directions to the jail authority and concerned departments to frame a timeline for installing 5600 cameras in Tihar and other jails.

Court's recent orders related to CCTV installation

The Punjab & Haryana High Court recently directed the DGP, Haryana State to ensure that in every case where any CCTV footage is claimed to be available, copies of the same are obtained from the source along with requisite certificate under Section 65B of the Indian Evidence Act, 1872.

Notably, in a historic Judgment, the Supreme Court, earlier this month observed that the State and Union Territory Governments should ensure that CCTV cameras are installed in each and every Police Station functioning under them.

Justice RF Nariman led bench observed that these directives shall be implemented both in letter and in spirit as soon as possible.

The Court also directed the Central Government to install CCTV cameras and recording equipment in the offices of central agencies like CBI, NIA etc.

In this path breaking Judgment, the Supreme Court held that in case of any human right violation by investigating agencies like police, CBI, NIA, ED Etc, the victims have the right to get the copy of CCTV footage of interrogation and also to approach the National/State Human Rights Commission, Human Rights Court or the Superintendent of Police or any other authority empowered to take cognizance of an offence.

Recently, while noting that "CCTV system controls activities like atrocities against persons who are brought to police station", the Bombay High Court (Aurangabad Bench) observed last week that the argument advanced by the police that the CCTV system installed in police station was not working couldn't be accepted.

The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar further observed,

"This cannot be allowed to happen as the purpose behind installing the CCTV system itself is defeated when such submissions are accepted."

In October, the Calcutta High Court had directed the Home Secretary, Government of West Bengal to disclose the status of CCTVs in all police stations including child-friendly corner.

The Calcutta High Court on Wednesday (04^th November) took suo moto cognizance of the news reports regarding alleged custodial death of a 15-year-old boy at Mallarpur area in the Birbhum District.

Case title – Mohd. Sumer v. State Govt. Of NCT of Delhi [CRL.M.(BAIL) 7891/2020 in CRL.A. 1264/2019]

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