Allegations of Atrocity by Jail Authorities: SC Grants Bail

Delhi HC seeks response from Government over Inmate’s right to consult lawyer twice a week

The Supreme Court granted bail to a man on the ground that he suffered injuries while being in custody.

A Special Leave Petition was filed against the judgement of Rajasthan High Court which was given in January 2020, where the bail application of the petitioner was rejected without paying heed to the medical report which stated that he had suffered 11 injuries.

The allegation against the petitioner was that he and some inmates while opposing a search being conducted by the jail authorities assaulted the staff on March 30, 2019.

The petitioner refused the allegations saying that he was beaten by the jail authorities.

It was stated by the petitioner that he and some other prisoners were routinely being subjected to atrocities by the jail authorities. When they moved a petition for the same they were beaten mercilessly. No medical treatment was provided to them on time and then a false complaint was filed against him and the six other prisoners stating that they had attacked the jail authorities. 

The petitioner had previously been arrested on the basis of eight FIR’s in relation to a bomb blast in Jaipur. He had been acquitted in all the eight cases. Charge-sheet for one case was yet to be filed. The petitioner submitted the plea that he was framed in this case with the motive of prolonging his custody in jail. 

The bench observed that considering the facts of the case, specifically that the petitioner had received 11 injuries while being in custody, warranted that bail be granted.

The court also directed the state government to do a fact-finding inquiry by a senior IAS officer and take actions against the ones found guilty.