Delhi riots case: Accused say they’re denied basic facilities, court calls for jail inspection

Additional sessions judge Amitabh Rawat said he would pass a general order directing the director general(prisons) to depute someone for a physical inspection of Tihar and Mandoli jails over the grievances of the accused

A Delhi court on Tuesday expressed displeasure with the city prison authorities after seven out of 15 accused in a conspiracy case related to the February north-east Delhi riots alleged they were being denied basic facilities such as warm clothes and slippers and directed an officer not below the rank of additional director general (prisons) to appear before it on the next date of hearing.

A security personnel on patrol after the February clashes in Delhi. (File photo)

Additional sessions judge Amitabh Rawat directed the director general (prisons) to take stock of the situation and ensure all issues/problems flagged by the accused or their counsel are heard, apprised and disposed of.

The judge said in case the grievances are not resolved by the next date, he would be compelled to visit the jail with the special public prosecutor (SPP) and defence counsel. “In these circumstances, the court directs that an officer not below the rank of additional director general (prisons) shall appear on the next date of hearing,” the court said.

The judge said the presence of the jail superintendent might not be helpful as he is responsible for only one jail whereas the grievances seems to be running through all jails.

“Since the court is constantly receiving complaints from the accused in judicial custody and their counsels, who have been moving successive applications for directions to the jail superintendent, it appears there are some issues regarding administration in the jail complex as the applications have been made for basic important but avoidable issues/grievances”.

Gulfisha Fatima, Ishrat Jahan, Asif Iqbal Tanha, Devangana Kalita, Meeran Haider, Shadab Khan, Athar Khan were among those who complained. All of them have been charge-sheeted by the Delhi Police special cell for their role in hatching a conspiracy to orchestrate the riots.

Former Congress councillor Ishrat Jahan sought interim bail for two months, saying she was concerned as several inmates at Mandoli jail had developed Covid-19 symptoms. Her counsel alleged she had asked a pair of slippers from her home but they refused. “When her (Jahan’s) parents went to jail yesterday with warm clothes for her, the jail authorities did not permit it,” her lawyer contended.

Advocate Mehmood Pracha, counsel for Gulfisha Khatoon, said an application to give winter clothes had to be filed since the jail authorities said they won’t permit it unless there was a court direction.

The judge said, “Why do the accused have to approach the court every time for such basic things? This is too much. This is not done. Why is everyone complaining (about the facilities in jail).”

“This has to end. DG (prisons) is directed to take stalk of the situation, to order someone, who can take a call, to look into the grievances. If things do not improve, I would go for a physical inspection myself. And the lawyers may accompany me too.”

Another accused, Athar Khan, claimed about the lack of health facilities. “Two of the inmates were admitted to hospital and a few have been isolated. There are no health facilities available and so we are not being allowed to step out of our barracks.”

Student activist Asif Iqbal Tanha said he was not being given a copy of the bail rejection order. “I have not been allowed to meet my family for the last two-and-a-half months, unlike others. When I complain, the jail authorities say this is not a place for activism,” Tanha alleged.

Meeran Haider said he was down with fever due to cold and without any winter clothes, but he has been unable to put forward his grievances to the prison authorities.

Fatima said she had written to the higher authorities two months ago, but her letters were not forwarded. Pinjra Tod member Devanagana Kalita also alleged she had not been given a letter from her mother.

The court asked the jail authorities to address all the grievances and posted the matter till November 23.

Sandeep Goel, director general Delhi prisons, said basic facilities are not denied to anybody. “As such, these allegations seem far from truth or at least exaggerated. If at all there is some such minor issue it will definitely be resolved,” Goel said.