SC expresses concern over ‘sorry state of affairs’ in Tihar jail, urges reforms

New Delhi, Nov 10 (PTI) The Supreme Court Wednesday said Tihar Jail has become a den of criminals and murders are happening there, while directing the Home Ministry to take immediate steps on prison reforms.

Tihar has been in the news for an unusually high number of cases of violence among inmates recently, with at least four murders of prisoners being reported in the last twelve months. In the most high-profile case among them, involving the death of imprisoned gangster Ankit Gujjar, the murder suspect was actually a high-ranking jail official.

The apex court also expressed annoyance over the Union Ministry of Home Affairs (MHA) not filing an action plan and report on steps taken on the suggestions given by Delhi Commissioner of Police, Rakesh Asthana.
The top court was informed by Delhi Police that it has registered an FIR under various sections of the Prevention of Corruption Act and the Indian Penal Code against 37 persons, which include 32 jail officials, with regard to collusion with realty firm Unitech’s imprisoned ex-promoters Sanjay and Ajay Chandra.
The Enforcement Directorate (ED) had made a startling revelation recently that it had unearthed a secret underground office in South Delhi which was being operated by erstwhile Unitech founder Ramesh Chandra and visited by his sons Sanjay and Ajay when on parole or bail.

It has been reported by The Print  that the privileges that the Chandra brothers were availing of in Tihar jail included “[e]xclusive access to an official landline phone for “unhindered private conversations”, money dealings, outside food, unlimited time outside the prison cell, regular exchange of pen drives, business documents and flow of cash from inside the prison”.

Both Sanjay and Ajay, who are in jail since August 2017, are accused of allegedly siphoning home buyers’ money worth Rs. 2,000 crores. Ramesh Chandra and his daughter-in-law Preeti Chandra, Sanjay’s wife, were also arrested in this connection by the ED last month in connection with its probe into the matter.  Sanjay, Ajay and Ramesh were also booked by the CBI last year for allegedly defrauding Canara Bank of Rs. 198 crore.
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 before it on the compliance of its October 6 order by 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.
Additional Solicitor General K.M. Nataraj, appearing for Delhi Police, informed the top court 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 remarked, “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 Serious Fraud Investigation Office (SFIO) report on the affairs of Unitech and the 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 cases against them and a full-fledged probe into their collusion with Chandra brothers, based on Asthana’s report and the ED’s disclosure that the Chandra brothers were conducting business from prison.
It 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 Tihar Jail in the national capital to Mumbai’s Arthur Road Jail and Taloja prison in Maharashtra after the ED had said that they were conducting business from the premises in connivance with the staff.
The top court, which had then perused two status reports of the ED, said that the Tihar Jail Superintendent and other staff were absolutely shameless for conniving with the Chandra brothers to flout the court orders and undermine its jurisdiction.
Pursuant to the direction of the top court, the Chandra brothers were shifted to jails in Mumbai.
It had directed the Delhi Police Commissioner Asthana to personally hold inquiry forthwith about the conduct of the Tihar Jail staff with regard to the Chandras and submit the report to the court within four weeks.