Tihar Jail Security : Installation Of Mobile Signal Jammers, Body Scanners In Progress, Delhi Govt Tells Supreme Court

Shruti Kakkar

28 April 2022 11:56 AM IST

  • Tihar Jail Security : Installation Of Mobile Signal Jammers, Body Scanners In Progress, Delhi Govt Tells Supreme Court

    The Delhi Government has told the Supreme Court that it has taken measures to increase the security of the Tihar jail, which had come under the Court's scrutiny in the Unitech case following reports that the jail officials had acted in connivance with the accused Chandra brothers.On January 27, a bench comprising Justices DY Chandrachud and MR Shah had directed the Central Government and...

    The Delhi Government has told the Supreme Court that it has taken measures to increase the security of the Tihar jail, which had come under the Court's scrutiny in the Unitech case following reports that the jail officials had acted in connivance with the accused Chandra brothers.

    On January 27, a bench comprising Justices DY Chandrachud and MR Shah had directed the Central Government and the Delhi Government to coordinate with each other for improving the security measures in the Tihar jail. While the Delhi police comes under the Ministry of Home Affairs, the Prison Department is under the Delhi Government. In the light of this fact, the bench had then said that there should be no "passing the buck" between the two governments and called for a coordinated effort.

    On Wednesday (April 27), Advocate Gautam Narayan, appearing for the Government of National Capital Territory of Delhi, submitted that to strengthen the security in jail, a system with regards to police tickets has been implemented to monitor the activities related to bringing of contrabands. He further submitted that police tickets around the jail in the immediate vicinity have been put up (6 outside Tihar & 5 around Rohini and Mandoli). He also infomred that jammers are being installed to prevent mobile phone signals. Steps, as directed by the top court, have been taken to remove the mobile towers from the vicinity of Tihar jail premises and detailed SOPs are being finalised by the Ministry of Home Affairs and Department of Telecom.

    He said that the installation of mobile jammers, body scanners, and several other reformative measures suggested by the top court in view of the report of Delhi Commission of Police Rakesh Asthana has been undertaken.

    He further submitted that beat patrolling has already started around the jail.

    "Draft SOP has also been issued which was submitted to the office of Cabinet Secretary- that also is continuing.Traditional jammers are also being installed. On each of other aspects such as upgradation of medical infrastructure, all of that has been done. We are also attempting to raise a dog squad of our own," Advocate Gautam Naryan further informed.

    Counsel further said, "We have further also undertaken a policy for segregating the offenders. 2 jails have been demarcated to house only 1st time offenders. For welfare of children of prison staff- upgrading is being done for the school in the residents."

    Advocate Gautam Naryan also submitted before the Top Court that marking the presence of the accused was being done through VC and as of now it was permanent.

    Pursuant to the submissions made by counsel, Justice MR Shah said, "Why can it not be done permanently? You can save money also. It is only for the purpose of marking the presence. Unless they are required for the purpose of framing of charge, why not permanently? It should in fact be applied pan India."

    "Now you institutionalize these arrangements," added Justice Chandrachud.

    Asking to file a further status report the bench at this juncture said, "You file your further status report. Once we have done this exercise for jammers for Tihar we can have MHA to have unified SOP across the country. We will first begin in Delhi and then pan India".

    The Court had in August last year pulled up the Tihar Jail authorities for acting in connivance with the Chandra brothers in engaging in illegal activities by flouting the jail manual, dissipating proceedings, derailing investigation etc., in the Unitech money laundering case. The Court had directed that accused Sanjay Chandra and Ajay Chandra should be shifted from Tihar Jail to Taloja Prison in Mumbai after finding that they had developed a nexu within Tihar jail with the prison officials which enabled them to influence the investigation. The Court took the action on the basis of a report filed by the Enforcement Directorate which details of the manner in which the premises of Tihar Jail have been misused by the Chandras for engaging in illegal activities by flouting the jail manual, making transfers of assets and dissipating the proceeds of crime and influencing witnesses and attempting to derail the investigation.
    The court had directed the Delhi Police Commissioner to personally carry out an inquiry into the same and submit a report within 4 weeks.
    Directions on refund

    The Court on Wednesday also considered the issue relating to the refund to buyers of Unitech flats.

    To alleviate the extreme hardships being faced by Senior Citizens and FD holders belonging in the category of 65-75 years, above 75 years and persons with urgent medical needs, the Supreme court on Wednesday for the purpose of processing their refunds directed the appointed amicus in the Unitech matter to open the web portal until May 15, 2022.

    The bench of Justices DY Chandrachud and MR Shah in this regard asked the flat buyers registered under the portal to send an email to the amicus with the request to upload the details of the date of birth.

    To deal with applications for refund on grounds of medical emergency, the bench also directed to modify the web portal to permit any flat buyer who desires refund to scan and upload copies of relevant medical records.

    The bench also asked the amicus to open the web portal for the flat buyers who have not registered on the portal so far and the ones who were previously given an option of refund but now want to seek possession.

    "Based on the data submitted on Web Portal a statement shall be prepared for the court indicating the likely outflow of funds if payment is required to be made to those Flat Buyers who have sought:

    • Refund in the age group of 65-75 years and above 75 years; and
    • Refunds estimated on the grounds of medical emergencies

    The refunds due to FD Holders falling in above categories i.e. with reference to age (65/75 years & above 75 years) & on ground of medical emergency shall also be complied and data shall be placed before the court," the bench directed further.

    To get a clear picture of the extent of the outflow, the bench asked the Amicus Curiae and board of management of Unitech to compile and submit to the court, statement of flat buyers above the age of 75 years & Flat Buyers between the ages of 65 and 75 who have opted for refunds.

    While listing the matter for May 18, 2022 for further directions, the bench also directed the Amicus to provide access to the web portal to the board of Management of Unitech.

    The Top Court also asked the Board to nominate a nodal officer who could work online together with amicus.

    Apart from the directions pertaining to the processing of refunds, the bench also considered the affidavit filed by DG Prisons. 

    Case Title: Bhupinder Singh v Unitech Limited| C.A. No. 10856/2016

    Click Here To Read/Download Order


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