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High Court asks CBI to probe illegal activities in Delhi jails, file FIR

Govt failing to fulfill basic human needs of inmates, says court.

HC asks CBI to probe illegal activities in Delhi jails, file FIRChief Justice DK Upadhyaya orally remarked, “When it comes to providing the inmates basic human needs, you fail to do so… but then whosoever is in the position to exploit that very system, is enjoying his life there.”

The Delhi High Court on Monday directed the CBI to lodge an FIR and investigate illegal and corrupt activities in the city’s jails, involving authorities and inmates, as the court pulled up the government and sought details of the action taken so far by the Delhi government’s Home department in this regard.

Addressing the Delhi government’s counsel, Chief Justice DK Upadhyaya orally remarked, “When it comes to providing the inmates basic human needs, you fail to do so… but then whosoever is in the position to exploit that very system, is enjoying his life there.”

“Think about those who can’t afford such means? It’s your responsibility to provide them with basic minimum needs. This is very astonishing and requires very prompt and serious thinking on the part of the government. Please do something,” the High Court said.

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The direction, by a bench of Chief Justice Upadhyaya and Justice Tushar Rao Gedela, came in a petition where the court had in May directed the CBI to conduct a preliminary inquiry after a petition alleged irregularities, illegalities, malpractices and misconduct that inmates are indulging in in connivance with jail authorities, to “exact illegal money”.

The CBI’s status report and preliminary inquiry report were furnished in sealed cover on Monday in the court. The preliminary inquiry report is “an indication of the involvement of inmates and jail officials in various kinds of illegal and corrupt activities going on in the jail,” the High Court noted.

On May 2, along with issuing instructions to the CBI, the High Court had also directed the Principal Secretary of the Home department of the Delhi government to undertake a parallel administrative inquiry, not only in relation to various administrative lapses on the part of the jail authorities but to also find out who were the officers in the jails responsible for such lapses.

Expressing displeasure at the Home department’s lack of disclosure in this regard on Monday, the High Court reiterated that the Principal Secretary of Home department shall instruct its counsel on the action taken so far.

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Orally impressing on the government to “do something”, the bench orally reprimanded the officials concerned. “Ask your officers to conduct the investigation not only with regard to the conduct of the jail officials but whosoever is involved. Certain relatives of the inmates, the petitioner himself (appear to be involved),” the bench remarked.

“How is all this permitted, how at all is this going on in jails? It is very difficult to reconcile with the report we have received. How at all, all this is going on in the jails? We can’t have a robust prison,” it added.

The court has posted the matter next for August 13, when the Delhi government is expected to apprise the court on the action it has taken thus far following the HC’s directions.

Last September, based on the allegations made in the petition, the High Court had directed the Inspecting Judge of Tihar Jail to examine the evidence as well as allegations in the petition, and file his report.

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The court, upon perusal of the report by the Inspecting Judge, which was submitted in sealed cover, had recorded that “very disturbing and startling facts have been revealed pointing not only to certain irregularities and illegalities in the functioning of Tihar Jail but also to issues touching upon even criminal activities going on there.”

The report had also recorded how the official landline number in the jail was being “misused by vested interests for promoting nefarious activities”.

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