The home department of the Delhi government has written to the Union ministry of home affairs (MHA), seeking its approval to transfer undertrial prisoners in Delhi jails outside the Capital so that the nexus of criminals in the city’s prison system can be broken, officials aware of the development said on Saturday. They said that the move will also make Delhi’s jails safer.

The development comes close on the heels of multiple incidents of violence that have rocked Delhi’s jails, including the brutal murder of two prisoners —gangsters Prince Tewatia and Tillu Tajpuria — in April and May, respectively.
“A proposal has been sent to the MHA for the approval for the transfer of undertrial prisoners from Delhi to different states. It is required to break the nexus of the prisoners lodged in the Capital’s jails and break their crime network. The transfer of undertrial prisoners will also end the ongoing gang rivalry within the jails and make the jails more secure,” a Delhi government official said, on condition of anonymity.
“Currently, undertrial prisoners are transferred to jails in other states only on court orders, or on directions from the central government, and even these are in very few cases — largely due to security reasons,” the official said.
{{/usCountry}}“Currently, undertrial prisoners are transferred to jails in other states only on court orders, or on directions from the central government, and even these are in very few cases — largely due to security reasons,” the official said.
{{/usCountry}}A Tihar prison official said the jail authorities had written to the Delhi government on the transfer of undertrials from Delhi to other states. “The move was aimed at breaking the nexus of criminals inside the jails,” said the official.
A second Delhi government official said that in the past, undertrial prisoners from Jammu and Kashmir, Uttar Pradesh, and other states have been shifted to Delhi.
“The gangsters who are a threat to the security inside the prisons and are behind a nexus between inmates will be identified and shifted outside. Their associates may be shifted to separate jails outside to break their nexus,” said the official.
HT reached out to the MHA, but officials in the ministry did not respond to queries seeking a comment on the development.
Delhi has 16 jails inside three jail complexes – Tihar, Mandoli, and Rohini – which can accommodate up to 10,026 inmates. The Tihar Prison Complex is one of the largest prison complexes in the world. Mandoli and Rohini jail complexes were constructed to ease overcrowding at Tihar. While Mandoli can accommodate 3,776 inmates Rohini can accommodate 1,050 inmates. The first Delhi government official quoted above said all the jails in the Capital are overcrowded and are currently at almost double their capacity, housing 10,026 inmates.
A Delhi government official said the jails of Delhi have reported various incidents of violence in the past largely because of gang rivalry within the prison complexes. “In the three prison complexes, there are members from around 150-160 different gangs including around 20 dreaded criminals,” said the official.
The second Delhi government official quoted above said the Transfer of Prisoners Act, 1950, has provisions that empower the state government to transfer convicts outside the state with the consent of the government of any other state (receiving state). In the case of Delhi, the lieutenant governor’s approval is also needed. The transferring state (from where prisoners are sent to other states) needs the approval of the MHA.
The Transfer of Prisoners Act, 1950, however, does not have provisions for the transfer of undertrials. A Tihar prison official said the jail authorities had written to the Delhi government on the transfer of undertrials from Delhi to other states. “The move was aimed at breaking the nexus of criminals,” said the official. After the MHA approval and necessary amendments, undertrials can be moved outside Delhi after due assessment of risks and challenges by the state home department in consultation with the police.
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