Delhi High Court Orders CBI Probe into Allegations of Custodial Assault and Extortion in Mandoli Jail

Petitioner's claims of systematic abuse and extortion within jail premises prompt judicial intervention and directives for impartial investigation

In a significant ruling, the Delhi High Court has mandated the Central Bureau of Investigation (CBI) to investigate allegations of custodial assault, extortion, and harassment within Mandoli Jail, Delhi. The decision follows a petition filed by Farman, an undertrial prisoner, who claims to have faced repeated physical assaults and extortion under the instructions of jail officials.

Justice Sanjeev Narula, presiding over the case, emphasized the gravity of the allegations, which raise serious concerns about lapses in the administration and supervision of jail premises, particularly regarding inmate safety and treatment. The court underscored the necessity for a fair and impartial examination through appropriate mechanisms to address any lapse that could endanger the life and well-being of persons in custody.

The petitioner detailed incidents where he was allegedly attacked by inmates acting on behalf of jail officials. He further claimed that these incidents were part of a larger pattern of extortion, where inmates were forced to make monetary payments through digital platforms under threat of violence. Despite these payments, the petitioner asserted that the harassment continued unabated.

Farman's allegations were initially brought to light following a representation by his sister to the authorities. The petition sought multiple reliefs, including the transfer of the petitioner to a different correctional facility, institution of an independent inquiry into the incidents, preservation of evidence such as CCTV footage, and medical examination of the petitioner.

In response, the state's counsel, Mr. Rahul Tyagi, denied the allegations but assured that the matter would be taken seriously. He highlighted an ongoing CBI investigation concerning similar allegations under the Bharatiya Nyaya Sanhita, 2023, and the Prevention of Corruption Act, 1988. The court directed that the present petition be forwarded to the Investigating Officer in the existing CBI case, who would treat it as a complaint and conduct a preliminary inquiry.

Additionally, the petition will be examined by the Directorate of Vigilance, GNCTD, to identify any administrative lapses. While the court did not grant the petitioner's request for transfer at this stage, it allowed for the possibility of seeking relief based on the investigation's outcome.

The court maintained that the petitioner's claims for compensation and preservation of evidence would be considered following the investigation results. Justice Narula refrained from commenting on the merits of the allegations, leaving all rights and contentions open.

The decision marks a pivotal step in ensuring accountability and transparency within custodial settings, reinforcing the judicial commitment to protecting fundamental rights under Articles 14 and 21 of the Constitution of India.

Bottom Line:

Allegations of custodial assault, extortion, and harassment within jail premises - Court directs forwarding of petition and material to CBI and Directorate of Vigilance for investigation and inquiry, emphasizing the need for impartial examination of allegations concerning inmate safety and well-being.

Statutory provision(s): Articles 14 and 21 of the Constitution of India, Section 482 of the Criminal Procedure Code, 1973, Sections 61(2) and 308(5) of Bharatiya Nyaya Sanhita, 2023, Section 120B and Section 386 of Indian Penal Code, 1860, Sections 25 and 27 of the Arms Act, 1959, Section 7 of the Prevention of Corruption Act, 1988.

Farman v. State of NCT Delhi, (Delhi) : Law Finder Doc Id # 2810695