Jail Authorities Must Be Apprised Of Their Duties & Prisoners' Rights: Delhi HC Directs DSLSA To Conduct Training Workshop For Jail Superintendents

The Delhi High Court has directed the Member Secretary of the Delhi State Legal Services Authority to conduct a training workshop for the Superintendents, Deputy Superintendents, and Assistant Superintendents, of all the jails in Delhi.

The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad has asked the DSLSA to create a specialised module for the Superintendents, focusing on their duties and obligations, and the rights of prisoners.

The order has come in a criminal writ moved by a prisoner who was illegally detained in the prison despite being granted bail by the competent court.

While perusing the affidavit submitted by the Superintendent of the Central Jail-1, the court expressed deep dissatisfaction towards the excuse given by the prison authorities for illegally detaining the Petitioner for the period between 15.06.2020 to 25.06.2020.

The Petitioner had submitted that he was granted bail in both the complaints filed against him under section 138 of the Negotiable Instruments Act much before December, 2019 and he had completed all the requisite formalities as was directed, in the month of December, 2019 itself.

In today's proceedings, the court took into consideration the affidavit filed by the Director General (Prisons) wherein he had given an unconditional apology for the 'inexplicable' excuses given by the concerned Superintendent in his status report.

while expressing grave dissatisfaction towards the status report submitted by the concerned Superintendent, the court said:

'There's a lack of basic knowledge to interpret legal orders on part of the jail authorities, they should brush up their law. We're deeply dissatisfied by the way through which the Superintendent tried to defend himself, there's no legal basis for that.'

The court further added:

'Superintendent must personally compensate the prisoner, it must pinch his pocket.'

DG (Prisons) informed the court that the Prison Headquarters have constituted a committee to conduct random inspections of prison records.

Further, a Circular has been issued informing the jail authorities that no one should be detained without a reason and that the erring officers will be proceeded against.

The court was also informed by the DG that the process of appointing 14 law officers on contractual officers is almost complete. These officers are hired to provide legal advice and guidance to the jail authorities.

'I'm equally responsible for this. We've done much introspection, we're ready for course correction. I request you to kindly not impose personal costs on the Superintendent', DG (Prisons) submitted.

Considering this plea, the court agreed on not imposing the personal costs but noting that:

'We understand that the buck should stop at the top. This time we're issuing a warning, next time the axe will fall on him. They must know how to interpret the orders of the court.'

Therefore, the court directed the DSLSA to conduct an online training programme for all the Superintendents as well as for the proposed 14 law officers.

During this workshop, recent case laws must also be shared with the jail authorities.