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The petition was filed by terror accused Syed Yusuf. Archive photo
“Unilateral aggression against unarmed prisoners”, “one-sided act of violence” and a “blatant effort by jail authorities to cover their acts” — a three-member panel appointed by the Delhi High Court to look into the November 21 violence at Tihar Jail has delivered the sharpest indictment of Tihar Jail authorities in recent times.
The panel was formed by the Division Bench of the High Court after a petition was filed on behalf of Syed Yusuf — arrested by the NIA and currently lodged in Tihar — on the alleged cruelty meted out by the jail officials. In the petition, it was alleged that he and several other inmates were beaten up by the Tamil Nadu State Police (TSP) as well as the jail’s quick response team (QRT). His “blood-soaked vest” was presented before the court as proof.
The three-member panel accessed CCTV footage of the incident, and concluded that there was “no provocation” for the violence, and that a “large number” of TSP personnel were “seen entering the ward and beating the inmates mercilessly with batons, buckets and everything else they could lay their hands on”.
The panel, comprising Joint Registrar (Rules) Reetesh Singh, Lorren Bamniyal Registrar (Appellate) and Advocate Harsh Prabhakar, stated in its report that the incident is a “gross violation” of the fundamental and legal rights of the prisoners who have been subjected to severe physical torture “without any justifiable reason”.
The report said that Tihar’s Additional Inspector General Raj Kumar had told the panel that an alarming situation arose on November 21 after directions were issued that all pillow covers have to be removed. Kumar, as per the report, said that the incident was the result of an argument between the prisoners and the search team, comprising TSP personnel, over this direction.
However, according to Yusuf’s statement to the panel, a search for pillow covers was conducted around 8.30 pm, with TSP personnel allegedly entering Ward C of Jail number 1 and, by 9.15 pm, beginning the assault on inmates using “fibre” and “wooden sticks” and whatever else they could lay their hands on. Other inmates also told the panel that the personnel checked them “aggressively” — something they have flagged to jail authorities twice in the past.
The panel’s report said that the courtyard outside wards C and F of the High Risk Ward were equipped with CCTV cameras. The report said that nothing in the footage or the accounts of inmates and police personnel “justifies” the use of force by the TSP officers or the quick response team (QRT). The two extracts from the panel’s report on the CCTV footage state:
On Ward C: “No inmate came outside ward C. From within the ward, three pillows were seen thrown out by the TSP personnel… There was no provocation noticed by the inmates of ward C. However, a sense of panic is noticed… and at 9.21 pm, TSP personnel in large numbers are seen entering the ward and beating the inmates mercilessly with batons, buckets, everything else that they could lay their hands on. There was no resistance by any of the prisoners and severe injuries are seen being inflicted on the prisoners for four minutes… Now the QRT swung into action at Ward C at 9.30 and started beating the selective few and the beatings administered are severe and harsh.”
On Ward F: “The search started at 8.35 pm… and some prisoners are stated to have argued with SI Muthu Pandi, in-charge of the search operation… The prisoners are in a state of panic and at 9.26 pm, TSP personnel in very large numbers are seen entering Ward F and mercilessly and indiscriminately conducting lathi charge… The QRT entered at 9.34 pm and once again beat the prisoners indiscriminately.”
According to the panel, jail doctor Rohit Kumar said 18 inmates suffered injuries such as:
*Three sustained fractures on their hands.
*All the 18 injured had deep bruises and contusions on their back, arms and hands.
*Swelling and bleeding in different body parts was observed in many cases.
According to the panel, the Deputy Superintendent of Jail 1 had sent reports about the incident to the respective judges, stating that the inmates were “reluctant to cooperate in the search proceedings, abused TSP staff, hindered the search proceeding, made incendiary remarks leading to mutiny-like scenario in the High Security ward.”
But the panel stated: “On the face of it, these reports are misleading… It is a blatant effort by jail authorities to cover their acts of unilateral aggressions against unarmed prisoners. There is not even iota of resistance or retaliation noticed in the video footage, and the aggression and merciless beating by the TSP personnel is a one-sided act of violence and use of force against prisoners for which there is no justifiable reason.” The panel further said that when the QRT entered the jail, the TSP told them prisoners had assaulted their in-change, which escalated the situation.
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