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New Delhi: The Supreme Court on Wednesday said the Tihar Jail is in a sorry state of affairs, describing it as “a den of criminals and murders” while directing the Union home ministry to take immediate steps on prison reforms and enhance management.
The apex court also expressed annoyance over the Ministry of Home Affairs (MHA) for not filing an action plan and report on steps taken on the suggestions given by the Delhi police commissioner Rakesh Asthana.
The bench was hearing a matter relating to the connivance of Tihar Jail officials with former Unitech promoters Sanjay Chandra and Ajay Chandra. Both Sanjay and Ajay are in jail since August 2017 and are accused of allegedly siphoning home buyers’ money.
The top court was informed by the Delhi police that it has registered an FIR under various sections of the Prevention of Corruption Act and IPC against 37 persons in the case.
The Enforcement Directorate had recently made the startling revelation that it had unearthed a secret ‘underground office’ which was being operated by erstwhile Unitech founder Ramesh Chandra and visited by his sons Sanjay and Ajay when on parole or bail.
A bench of Justices D.Y. Chandrachud and M.R. Shah said Asthana’s report has recommended installation of CCTV cameras, mobile jammers, body scanners and other security measures in Tihar Jail but there is no report on the compliance of the October 6 order by the MHA.
“It is a sorry state of affairs in Tihar Jail. We have read in newspapers two-three days back that murder is happening in the jail. It has become a den for criminals. The concerned secretary in MHA should file an action plan and a report on steps taken so far on the suggestions given by Delhi Commissioner of Police Rakesh Asthana within three weeks,” the bench said.
“Take immediate and prompt steps and file a report. Neither has any action plan been submitted nor any status report has been filed by the MHA on the steps taken so far,” it added.
Supreme Court of India. Photo: Pinakpani/CC BY-SA 4.0
At the outset, additional solicitor general K.M. Nataraj, appearing for the Delhi police, informed the top court that it has registered an FIR under various sections of the Prevention of Corruption Act and Indian Penal Code. Among those who have been charged are 32 jail officials, the Chandras as well as one associate and two of their staff for collusion and carrying out unauthorised activities from the prison.
He said the investigation was still underway and on the next date of hearing they will file a report in this regard.
Nataraj said that Asthana’s report has been forwarded to the MHA as directed by the court and it is pending consideration before the ministry.
The bench said, “Consideration means what? There are suggestions that some immediate reforms are necessary in the report. There needs to be body scanners and jammers to ensure that there is no unauthorised use of mobile phones. You should not wait for something to happen in future.”
The bench said that it would also seek a report from the Delhi government on the suspension of jail officials who have been booked for collusion.
The top court also perused a report of the Serious Fraud Investigation Office (SFIO) on the affairs of Unitech and its ex-promoters and said that the agency should continue its investigation and file a status report within three weeks.
Besides, it sought a report from the ED, which is probing the money laundering charges against the Chandra brothers.
On October 6, the top court had directed suspension of Tihar Jail officials, registration of a case against them and a full-fledged probe into their collusion with Chandra brothers, based on Asthana’s report.
The court directed the registration of cases against the Tihar Jail officials and other unknown persons under the provisions of the Prevention of Corruption Act and the IPC.
It had also directed suspension of Tihar Jail officials, pending proceedings against whom cases will be lodged as per the report, following the ED’s disclosure that the Chandra brothers were conducting business from prison.
The top court had further directed the MHA to comply with Asthana’s suggestions in the report on enhancing prison management.
On August 26, the apex court had directed that the Chandra brothers be shifted from the Tihar Jail in the national capital to Mumbai’s Arthur Road Jail and Taloja prison in Maharashtra. The top court, which had then perused two status reports of the ED, said that the Tihar Jail superintendent and other staff are “absolutely shameless” for conniving with the Chandra brothers to flout the court’s orders and undermine its jurisdiction.
The Chandra brothers were subsequently shifted to jails in Mumbai.
(With PTI inputs)