Lack of social distancing in Tihar jail not a valid reason to seek bail: HC

The Delhi High Court has said that a lack of social distancing, by itself, may not be valid grounds for inmates of the Tihar jail to seek interim bail, as there

The Delhi High Court has said that a lack of social distancing, by itself, may not be valid grounds for inmates of the Tihar jail to seek interim bail, as there is no reported case of Covid-19 within the boundaries of the jail. The court, while rejecting an inmate’s bail application, also said that jails are more secure since they are insulated from outside human traffic.

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A bench of justices Vipin Sanghi and Rajnish Bhatnagar noted that in several status reports, they have been informed that although it may not be possible to maintain social distancing norms in jails, masks are being provided to the inmates.

“We have called for status reports in several other similar cases, and we have been informed that though it may not be possible to maintain social distancing norms in jails, masks are being provided to the inmates. By their very nature, jails are more protected areas since they are insulated from outside human traffic. Therefore, a lack of social distancing norms, by itself, may not be grounds to seek interim bail when there is no reported case of Covid-19 within the four walls of the jail (Tihar),” the court said.

The order was issued while hearing a plea by an inmate, who had sought bail. It was contended that the incarceration of the appellant has led to his wife suffering from anxiety, due to which he should be released on interim bail.

The court, rejecting this claim, said that if this submission was to be accepted, then such a reason would be presented as an argument to seek interim or regular bail in every case where a convict is undergoing a life sentence or long-term sentence.

“In our view, unless there is some material to show that the appellant’s (accused) wife is undergoing some significant psychological or mental illness, the plea cannot be considered for grant of interim bail,” the court said in the order, dated May 20.

The counsel for the jail had told the court that there is no reported case of Covid-19 in the Tihar jail, where the accused has been lodged. She further told the court that, on inquiry, it was found that the inmate’s wife is living alone but could not produce any document to show that she is undergoing treatment for anxiety, which is grounds to seek interim bail.

Meanwhile, the Delhi High Court on Wednesday also directed the jail superintendent, Central jail, Rohini, to look into the complaint of a prisoner who had alleged harassment by three inmates, in collusion with the police officials. Advocate Kamna Vohra, additional standing counsel of the Delhi government, refuted the allegations, stating that there is no proof to substantiate the “bald” claims made the family members of the accused.

The court said even though there is merit in the submissions of the counsel, the superintendent would look into the matter and in case it is found that he was/is being ill-treated or harassed by the inmates or any jail officer, take appropriate action against them and provide the inmate necessary protection and medical treatment.