Undertrials allege assault by Tihar jail authorities

The court overlooked police’s complaint and ordered a ‘thorough investigation’.

Written by Shalini Narayan | New Delhi | Published: August 7, 2014 4:50 am

A local court ordered a “thorough investigation” on Wednesday after three undertrials in Tihar alleged that they were beaten up and sexually assaulted by jail authorities before they were brought for the hearing. The three are facing trail on charges of murder and attempt to murder.

Though jail authorities, in a written complaint, alleged that the accused had actually assaulted the personnel, the court overlooked the claim.

Taking note of the physical appearance of the undertrials, one of whom had a fractured arm and another a deep wound on the forehead, the court of Additional Sessions Judge Girish Kathpalia said, “It is indeed a serious matter and needs thorough investigation, especially in view of the disproportionate injuries caused to the accused persons, who are in judicial custody. It is stated by accused persons that no medical treatment was given to them in jail.”

The undertrials — Abdul Qadir, Rahul and Raja — are lodged in jail number 4 at Tihar. The three were produced before the court on Wednesday, following the completion of their judicial custody.

Before the hearing, the superintendent of jail number 4 sent a complaint to the court accusing, Rahul and Abdul Qadir of misconduct.

The court took cognizance of the complaint which stated that “while being frisked for boarding the jail bus to Saket court, accused Rahul was asked to remove his shoes for searching… he got aggressive and held the collar and tore the uniform of personnel… his co-accused Abdul Qadir and Raja started assaulting the personnel. The minimum required force was used to stop the accused persons in which Abdul Qadir suffered head injury and Rahul suffered injury on the hand, for which they were given treatment by the doctor on duty”.

However, the court said, “I found the right arm of accused Rahul in a cloth string and I found the T-shirt of Adbul Qadir bloodstained, and there was a wound on his head. It is stated by the accused persons that at the time of frisking, when Rahul bent down to take off his shoes, the guard touched him inappropriately… which he objected to it, the guard slapped him… a number of guards assaulted him with sticks; accused Abdul Qadir and Mohammad Raja who were also present nearby rushed to save accused Rahul… in the process, Raja and Abdul Qadir were assaulted.”

The court has also asked the sub-inspector in charge to get the accused treated at AIIMS and prepare an MLC. “The accused persons shall be sent to jail, along with a copy of this order with directions to the jail superintendent to ensure their safety,” the court said, adding that the SHO Hari Nagar take action and file a report by August 8.

The order also states, “It also is recorded that in the course of dictating the order, accused Abdul Qadir felt dizzy and was given water to settle down, which reflects the kind of injuries suffered by him.”

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