Court On Its Own Motion vs Director General Prisons & Anr

D. N. Patel, CJ

Proceedings of the matter have been conducted through video conferencing.

This writ petition has been initiated by this Court on its own motion on basis of a letter received from one jail inmate namely Purushottam Rana,

lodged in Jail No.15, Mandoli, Delhi, complaining therein about maltreatment given to him by the jail official named in the complaint. Notices were

issued to the respondents vide our order dated 2nd July, 2020.

On receipt of notice along with paper book, the respondents constituted a high level committee to look into the complaint in question and enquire into

the factual aspect of the matter. The said committee comprised of the following members:

(a) Sh. Rajesh Chopra DIG (P) â€" Chairman

(b) Sh. Rajesh Chauhan, Superintendent Central Jail-4 â€" Member

(c) Sh. Amit Kumar, Welfare Officer, Central Jail No. -12 â€" Member

The aforesaid high power committee constituted by the respondent, after enquiry has given a detailed report. Moreover, the visiting Judge has also

filed a report as per the minutes of Hon’ble PIL Committee of this Court dated 24th February, 2020. It appears from both the aforesaid reports

that there are allegations and counter allegations.

Para 10 of the high level fact finding committee, constituted by the respondents, contain observations to the following effect:-

“10) That the observations of the fact finding committee are summarised as under:-

I. The inmates lodged in High Security jail/wards include fundamentalists, naxalites, extremists/terrorists, gangsters, hired assassins,

dacoits, serial killers/ rapists/ violent robbers, drug offenders, habitual grave offenders/communal fanatics and those highly prone to

escapes/previous escapees/attack on police and other dangerous offenders.

II. The complainant Purushottam Rana is one of the High Risk Prisoners, having multiple cases of grievous nature lodged against him, who

was lodged in High Security Jail i.e.Central Jail No. 15, Mandoli.

III. It was also considered that the report dated 11.09.2019 of SCJ-15 mentions that the allegations made by the accused against the jail

staff are without merit. The same is getting substantiated based upon the statements of the jail staff recorded during this fact finding inquiry.

IV. The inmate/witness to the incident Dharmender S/o Ram Kishan in his statement before the Ld. Judge, has stated that Assistant

Superintendent Sh. Jai Singh had given beating to him and Ranjit KK S/o Rajendran KK and Assistant Superintendent Sh. Deepak Sharma

was standing there.

Whereas inmate/witness to the incident, Ranjith KK in his statement has stated that both the Assistant Superintendents Sh.Jai Singh and Sh.

Deepak Sharma had beaten him and Dharmendra.

Whereas, inmate/witness to the incident, Rambir S/o Harji Ram in his statement had stated that inmates Dharmendra and Ranjith KK were

not beaten before him.

It is observed that the three witnesses tried to make similar statements but defaulted on above points, which indicates that they might have

been tutored to give such a statement against the jail staff in this particular incident when they were being questioned on recovery of

contraband item i.e. mobile phones from the jails.

V. Prison Department deputed Assistant Superintendent Sh. Jai Singh, at Central Jail No.15, Mandoli Jail for a short while to control the

menace of contrabands, especially mobile phones, when the Prison Department faced embarrassment of a video leak from Central Jail

No.15 in month of March 2019. Such allegations by likes of Mr.Purushottam Rana are only intended to discourage officers like Sh. Jai

Singh when they try to control illegal activities of the incarcerated inmates.

VI. The complainant Purshottam Rana was lodged in Tihar for the first time in 2006 and since then is a repeat offender having multiple

cases of murder, attempt to murder, kidnapping and rape registered against him. He was also involved in rioting inside the jail in Oct. 2015

in Central Jail No.01, whereupon a case was registered against the miscreant inmates, including him and Assistant Superintendent Sh. Jai

Singh is one of the witnesses in that case. His enmity with Assistant Superintendent Sh. Jai Singh seems to be dated from Oct. 2015 after he

became witness in that case as per statement of Sh. Jai Singh.

VII. The complainant Purshottam Rana was released on interim bail upto 25.11.2019 based upon the release order dated 18.09.2019 of the

Hon'ble Court. He was to surrender to the jail on 25.11 .2019, however, he has not surrendered till date. This shows his disobedience to the

rule of law and disregard to the process of law and the Hon'ble Courts.

VIII. The inmates, who had deposed in favour of the complainant Purshottam Rana before the Hon'ble visiting judge during the fact finding

enquiry do not reflect much regard to the rule of law as well. The multiple cases and jail punishment tickets issued against them indicate

their unruly behaviour and improper conduct even during incarceration.

IX. Above circumstances make it evident that the statements of the complainant Purushottam Rana and his associate inmates are not

trustworthy.

X. The multiple cases and jail punishments recorded against criminals like Purushottam Rana, who himself is a dreaded high risk prisoner,

reflects that he is not the kind of person who can be scared for life by mere threats of jail staff, as has been alleged in his complaint.â€​

Learned counsel for the respondents submitted that complainant Purushottam Rana, upon whose letter this Public Interest Litigation has been

initiated, was granted bail on 18th September, 2019 and he had to surrender before 25th November, 2019 but he has not yet surrendered.

Looking to the aforesaid facts and circumstances of the case, and the status report filed on behalf of respondent â€" Government of NCT of Delhi

and the inquiry report dated 7th August, 2020 (Annexure - A), we see no reason to further monitor this case as a Public Interest Litigation.

Nonetheless, we hereby direct the respondents to take all precautions to ensure that there are no untoward incident of the nature complained of within

the jail. The State is dutybound to keep the jail inmates free from fear and threat and also to ensure that there are no internal fights in jail premises.

With these observations, this writ petition is disposed of.