Why Delhi has been assuring Belgium, UK about prison conditions in India

Choksi was believed to be in the Caribbean country of Antigua and Barbuda at the time. He was arrested in Belgium this April on the request of the CBI and the Enforcement Directorate (ED).

The Indian government has given assurances on prison conditions earlier while seeking the extradition of bookie Sanjeev Chawla, the key accused in the 2000 case involving the late South African cricket captain Hansie Cronje, from the UK, and 26/11 terror attacks accused Tahawwur Rana from the US.

This is what the government has assured Belgium, and what happened on some earlier occasions.

Mehul Choksi

In a letter sent to the Belgian authorities on September 4, Joint Secretary in the Ministry of Home Affairs Rakesh Kumar Pandey gave a solemn assurance that if Choksi is extradited to India, all facilities available in Arthur Road prison shall be provided to him without any discrimination as per policy.

“Choksi will be held at Barrack No. 12, Arthur Road jail complex,” the letter said. “It is also assured that he will be kept in a cell in which he will get a minimum of three square metres of personal space (not including furniture) throughout the period of his prospective detention (pre-trial and post-conviction) in case he is found guilty,” it said.

The letter said that the “detention cell in which he is to be kept has provisions for a clean, thick cotton mat, pillow, bed sheet, and blanket”, and “a metal frame/ wooden bed can also be provided on medical grounds”.

“Adequate light, ventilation and storage for permitted personal belongings are available,” Pandey said in the letter.

The letter assured that “The Municipal Corporation’s pest control team visits Barrack No. 12 once a week and fumigates the barrack to keep it free from mosquitoes.” Adequate medical facilities are available in the prison round the clock, it said.

“There is a daily supply of fresh drinking water by the Municipal Corporation, Mumbai and inmates have access to drinking water at will,” Pandey said.

Choksi “will have access to adequate toilet and washing facilities each day”, he will be “permitted out of his cell for exercise and recreation for a reasonable amount of time (more than one hour) each day”, and will “receive adequate food throughout his detention periods”, he added.

Tahawwur Rana

The Indian government had submitted multiple letters of assurance before Rana was extradited. “…The Indian government was asked for details about security arrangements and facilities in the jail where Rana would be kept,” an official said.

According to the official, the Indian authorities had responded to four questions from the Americans — “about apprehension of torture in police custody, legal aid, security arrangements and facilities in Tihar Jail”.

Mallya & Chawla

In 2017 and 2018, lawyers for liquor baron Vijay Mallya argued before judges in the UK that Indian jails were overcrowded and unsanitary, with no natural light or fresh air. He was arguing his case against extradition to India to face trial on charges of fraud and money laundering.

During his extradition procedure, Chawla raised issues of passage of time, prison conditions in India, human rights, and the right to family life, the judgment of the Westminster Magistrate’s Court shows.

Sanjay Bhandari

During his appeal against extradition to India from the UK, arms consultant Sanjay Bhandari claimed that he would be at risk of extortion, torture, or violence in Delhi’s Tihar Jail.

The Indian government submitted assurances including that he would get more than sufficient personal space and bedding, proper ventilation and hygienic conditions, access to clean water, food, natural light, clean sanitary facilities, outdoor exercise, and necessary medical care.

“As regards security, the respondent emphasises that the appellant’s ward will be guarded 24 hours a day, seven days a week, and there will be CCTV monitoring by senior officials of the jail,” the Indian government said.

However, the UK court dismissed the Indian assurance, saying Bhandari would be at real risk of extortion, accompanied by threatened or actual violence, from other prisoners and/ or prison officials in India.

Visit of British officials

A team from the British Crown Prosecution Service (CPS) visited Tihar on July 16 this year to assess the condition of inmates and security on the prison premises.

The team of four officials, including two from the British High Commission, visited Tihar’s Jail No. 4, where they inspected high-security wards, and interacted with some of the inmates.

The visit came in the backdrop of the Indian government’s ongoing efforts to secure the extradition of fugitive economic offenders such as Mallya, Bhandari, and diamond trader Nirav Modi from the UK. Courts in Britain have been taking note of concerns over the condition of prisons in India while hearing extradition matters.