New Delhi, Sep 28 (IANS) The Delhi High Court has cautioned a jail warden against resorting to unnecessary beating or violence against inmates, observing that such conduct is “absolutely impermissible” and warning that stern action would follow if such behaviour is repeated.
A Bench of Justices Prathiba M. Singh and Dinesh Bhatt made the observations while viewing CCTV footage of an incident inside a jail complex, in which a warden was seen hitting inmates with a ‘danda’ (thick stick) after they had already dispersed following a quarrel and returned to their respective cells.
In its order, the High Court recorded that the footage, recorded on June 26, from around 9.15 a.m., showed a quarrel involving around 10-12 inmates in an open area of the jail complex.
Warden Sagar was seen using the danda to hit the inmates to force them to disperse, following which they entered separate cells/rooms.
“After the situation had been controlled, the use of violence and beating was totally unnecessary,” the Justice Singh-led Bench observed.
It noted that the warden subsequently returned with additional staff members, brought the inmates out of their cells, and again started hitting them with the danda.
The Delhi High Court said that this second instance of beating was “completely unnecessary and uncalled for”, particularly as the inmates had already dispersed and returned to their cells.
“There is no audio accompanying the said footage, and according to the warden, who is present in Court, the inmates were using abusive language while addressing him,” the order said.
However, the High Court made it clear that even if the inmates had used abusive language, it could not justify beating them with a danda after they had returned to their cells.
“Even if that was so, hitting the inmates with a danda, especially when they had dispersed and had returned to their cells, was unnecessary as none of the inmates was armed when they came out from their respective cells,” the Justice Singh-led Bench said.
The Delhi High Court also took note of the submission made by the Delhi Police that the inmates were reportedly found in possession of a knife and a “suwa” (needle). However, after examining the CCTV footage, the High Court observed that it did not show any threat being posed by the inmates to the warden during the second incident.
“Hence, it is reiterated that the use of violence and beating after the situation had been controlled was totally unnecessary,” the order said.
The Justice Singh-led Bench specifically cautioned Warden Sagar over his conduct and said that violence against inmates could not be used unnecessarily.
“Mr Sagar, the warden, has been cautioned that use of unnecessary beating or violence with inmates cannot be resorted to and is absolutely impermissible,” the order said. It further warned that “in future, if such conduct is repeated, the Court would not hesitate in taking stern action against such unnecessary use of violence.”
Following the High Court’s observations, the warden unconditionally tendered an apology and expressed regret over his conduct.
–IANS
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