The Delhi High Court has cautioned a jail warden against using unnecessary violence or beating inmates, observing that such conduct is impermissible, especially after a situation inside the prison has already been brought under control.

A division bench comprising Justice Prathiba M. Singh and Justice Dinesh Bhatt made the observation while examining CCTV footage of an incident inside a jail complex.

The footage, recorded on June 26, showed a quarrel involving around 10-12 inmates in an open area of the jail.

The Court noted that the warden had initially used a danda (thick stick) to hit the inmates to make them disperse and that the inmates thereafter dispersed and returned to their respective cells or rooms.

However, later the warden returned with additional staff, brought the inmates out of their cells and again started hitting them with the danda.

On this, the Court observed that such conduct was “completely unnecessary and uncalled for.”

It further took note of the warden's explanation that the inmates had allegedly used abusive language against him.

However, the Court said that even if that was the situation, beating the inmates with a danda was unwarranted particularly when they had already dispersed and 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 were armed when they came out from their respective cells,” the Bench said.

It also noted APP's submission that none of the inmates were armed when they came out of their respective cells. The APP, however, expressed some doubt on this aspect and stated, on instructions from the warden, that a knife and a suwa (needle) was allegedly recovered from the inmates.

The Court observed that the CCTV footage did not show any threat being posed by the inmates to the warden on the second occasion.

“Hence, it is reiterated, that the use of violence and beating after the situation had been controlled was totally unnecessary,” the Court said.

The Bench cautioned the warden that unnecessary beating or violence against inmates cannot be resorted to and is “absolutely impermissible.”

“He (warden) has also been cautioned that in future, if such a conduct is repeated, the Court would not hesitate in taking stern action against such unnecessary use of violence,” it added.

The warden thereafter unconditionally tendered an apology and expressed regret over his conduct.

The Court was hearing a criminal appeal filed by one Ashish alias Vicky. His counsel submitted that Vicky would surrender on the same day.

The Court noted from the status report that the appellant did not have sufficient finances to undergo surgery for his fracture. It accordingly directed that he be examined by the concerned medical officer in jail and, if further treatment was required, the same be provided at a government hospital.

The matter will now be heard on December 15.

Title: ASHISH ALIES VICKY v. STATE OF NCT OF DELHI

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