Delhi High Court Flags 'Serious Concerns' Over Alleged Extortion, Assault Inside Mandoli Jail; Refers Inmate's Complaint To CBI
The Delhi High Court has recently flagged “serious concerns” over allegations of custodial assault and extortion inside city's Mandoli jail, made by an undertrial prisoner. Justice Sanjeev Narula ordered that the inmate's petition be treated as a complaint by the investigating officer in the court monitored CBI investigation initiated over similar charges. The Court said that the gravity...
The Delhi High Court has recently flagged “serious concerns” over allegations of custodial assault and extortion inside city's Mandoli jail, made by an undertrial prisoner.
Justice Sanjeev Narula ordered that the inmate's petition be treated as a complaint by the investigating officer in the court monitored CBI investigation initiated over similar charges.
The Court said that the gravity and seriousness of the allegations levelled by Farman, the undertrial, supported by prima facie material on record, could not be brushed aside.
“Alleged lapses in the administration and supervision of jail premises, particularly those relating to the safety and treatment of inmates, raise matters of serious concern. Any lapse that has the potential to endanger the life and well-being of persons in custody, who are under the protection of the State, warrants a fair and impartial examination through appropriate mechanisms,” the Court said.
Farman, accused in an Arms Act case, alleged that he, along with other inmates, was being subjected to assault and harassment inside the Mandoli jail for extorting money, allegedly at the behest of jail officials.
He alleges that on June 07, 2024, he was physically assaulted by certain inmates, purportedly acting on the instructions of jail officials, and that the said incident was captured on CCTV.
Further, Farman argued that the acts formed part of a larger pattern of extortion within the jail, wherein inmates were compelled to make monetary payments through digital platforms such as Paytm under threat of violence. However, he said, that despite payment of substantial amounts under threat, the alleged ill-treatment had not ceased but instead had intensified.
Denying the allegations, the State's counsel said that pursuant to an order passed on October 28 by a division bench, the CBI had registered an FIR under Section 386 and 120B of IPC, Section 61(2) read with Section 308(5) of the Bharatiya Nyaya Sanhita, 2023, as well as Section 7 of the Prevention of Corruption Act, 1988, concerning allegations of a similar nature.
The counsel also said that the Delhi Government's Directorate of Vigilance had also appointed an Inquiry Officer to examine possible administrative lapses.
Disposing of the plea, the Court directed that the writ petition, along with the material placed on record, be forwarded to the Investigating Officer in the CBI case, who shall treat it as a complaint.
It added that upon conducting a preliminary inquiry, it shall be open to the Investigating Officer to determine as to whether the allegations warrant registration of a separate case or can be appropriately examined as part of the ongoing investigation, in accordance with law.
“Needless to state, the Petitioner's request for transfer from Central Jail, Mandoli to any other district jail is not being acceded to, at this stage. However, in the event the outcome of the aforesaid investigation/inquiry discloses merit in the allegations levelled by the Petitioner, he shall be at liberty to seek appropriate reliefs before the competent forum, in accordance with law,” the Court said.
Title: FARMAN v. THE STATE OF NCT DELHI & ORS
Citation: 2025 LiveLaw (Del) 1533