What Amounts To 'Excessive Force' For Disciplining Errant Prisoners? Delhi High Court To Consider, Directs Personal Presence Of DG Prisons

The Delhi High Court is set to consider the issue as to what amounts to 'excessive force' for disciplining errant prisoners lodged in jails.

A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani directed the personal presence of Director General (Prisons) on March 25 after the Court was of the view that it wants an in-person interaction with the concerned authority on issue so flagged.

The Court has been dealing with a petition filed by a prison inmate namely Sameer raising the issues of violence perpetrated on the inmates by jail authorities.

While the inmate himself alleged that he was beaten by Jail officials inside Tihar jail, he sought his transfer to some other prison complex, alleging victimization at the hands of such officials.

The incident is alleged to have happened on October 28, 2020. 

During the previous course of hearings, the Bench has expressed its shock over the matter and has sought response of the authorities on the action taken against responsible officers as well as other issues raised in the plea.

During the recent course of hearing on March 4, Sanjay Lao, Standing Counsel for the Delhi Government, told the Court that the Director General of Prisons has been apprised that the Court has been exploring the "alternate, updated and state-of-the-art means and protocols" for discipling prisoners, in order to address the issue of prison violence which arose for consideration in the present matter.

"To take the matter forward, this court would want an in-person interaction with the Director General (Prisons) on the subject. Accordingly, the Director General (Prisons) is requested to remain present physically in Court on 25.03.2022," the Court ordered.

The Bench said that the other pending issue of what amounts to 'excessive force' for disciplining errant prisoners would also be taken up subsequently on the next date of hearing.

"If possible, the Director General (Prisons) is requested to bring a brief note of suggestions with regard to the above matters on the next date," the Court added.

The matter will now be heard on March 25.

Case Title: SAMEER THROUGH HIS PAROKAR FAIZAN ANWAR v. THE STATE OF NCT OF DELHI & ORS.

Click Here To Read Order