'Sorry State Of Affairs In Tihar' : Supreme Court Directs Centre To Take Immediate Steps To Enhance Prison Management

Citing sorry state of affairs in Tihar Jail in the wake of the connivance of prison officials with the accused in the Unitech case, the Supreme Court today observed that there was urgent need for prison reforms and enhanced prison management.

The bench of Justices DY Chandrachud and MR Shah directed the Secretary, Ministry of Home Affairs to take necessary steps in pursuance of para 3 & 4 dated of the previous order of this court dated 6th October 2021.

Directions were also issued to the Secretary, Ministry of Home Affairs to file an affidavit indicating the steps taken with regards to implementation of the reforms within a period of 3 weeks.

"Having regards to urgent need for prison reforms and enhanced prison management, comprehensive suggestions are contained in the report submitted by the Commissioner. We direct the Secretary of the Ministry of Home Affairs, to take necessary steps in pursuance of para 3 & 4 dated of the previous order of this court dated 6th October 2021. An affidavit indicating the steps taken shall be filed by the Secretary, MHA within a period of 3 weeks," the Court in their order noted.

Observing that, "neither has any action plan been made nor any progress has been shown with regards to the steps that had to be taken," the bench in their order further noted, "ASG KM Nataraj said that since there are multiple recommendations the process of considering them is being carried out. We do not find this to be acceptable."

The bench in the present matter was hearing the Unitech case on the issue of connivance of Tihar Jail officials with the accused ex Unitech promoters Sanjay Chandra and Ajay Chandra. Earlier, the bench had directed the shifting of Chandra brothers of Mumbai's prison, after it was reported that they were operating their business illegally from Tihar jail premises with the connivance of some officials.

Courtroom Exchange

When the matter was called for hearing, ASG KM Nataraj appearing for Delhi Police submitted that FIR's were registered against 37 accused(s) on 12th and 21st October, 2021 against 32 jail officials, 3 Chandra brothers for offence punishable u/s 7,8 and 12 of under Prevention of Corruption Act and 201 and 120 B of IPC.

Inquiring with regards to further compliance of the order dated October 6, 2021, Justice DY Chandrachud, the presiding judge of the bench remarked, "Okay you've said that FIR's have been lodged. What else?"

Submitting that investigation is going on, ASG Nataraj said, "Report has been submitted to the MHA and it is under their consideration for various jail reforms."

"But now consideration means what? When is the MHA going to take action," asked Justice Chandrachud.

To this ASG replied that there were multiple recommendations that were under consideration.

"Consideration means what? There are some immediate reforms necessary. There needs to be body scanners to ensure that there is no unauthorised use of mobile phones," Justice DY Chandrachud orally remarked.

"Last time there was in the newspaper, there are sorry state of affairs in Tihar Jail. Some murders have taken place. These recommendations that have been made by the Commissioner of Police Delhi, you have to take prompt action. You will have to take action & not wait for something to happen in future," Justice MR Shah added.

"We want that to be done immediately and promptly," Justice Chandrachud further remarked.

Case Title: Bhupinder Singh v Unitech | Civil Appeal No(s).10856/2016

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