Judiciary must exhibit zero tolerance against custodial violence: Court

A Delhi court, expressed shock while dealing with a complaint filed by an undertrial prisoner Sanjay, alias Amit, who had received injuries during his custody in Tihar and said custodial violence is a serious issue and judiciary must exhibit zero tolerance for such offence.

The complaint was filed by Amit’s counsel and amicus curiae Rajneesh Antil, who sought initiation of proceedings against the jail authorities including constable Parveen and Durga (both head wardens) and three under trial prisoners (UTPs) namely Vinod, Sunny and Veeru. Additional session judge Kamini Lau noted that during the production of Amit, he had a fracture in his left hand. On query from the court, the accused informed that he was beaten in the prison premise by the jail staff. 

‘I may observe that custodial violence in any form is a serious issue and the courts are required to exhibit zero tolerance for the same which also amounts to violation of human rights as well as the statutory rights of a person in custody,’ said the judge.

The court also said no information about the accused, Amit in this case, has been received from jail administration and added that it is highly surprising. ‘It is surprising that the jail authorities have not been bothered to bring the incident to the notice of this court and it is only that when the accused has been produced before this court today (Wednesday) that the court had noticed his physical condition and made queries from him as regards the injury marks on his body that the incident came to light,’ said the court. 

The court ordered to place before it the medical reports of the accused and asked explanation from the jail superintendent regarding why the report of the incident was not sent to the court. It also directed the jail superintendent to preserve all CCTV footages of the relevant date of 14 and 15 July, when the incident took place.