NEW DELHI: The Minister of State for Home M. M. Jacob had stated in Parliament in reply to a Question that there was just a solitary case of illegal detention of an under trial in the Tihar Central jail.
But the facts prove that what Jacob was saying had no grain of truth.
The Minister had told the Rajya Sabha on March 11, 1991 that there had been only one case of illegal detention when “an under trial was detained in jail for 19daysaftertheorderofhistelease was received. This happened due to mixing up his identity with anther under trial having the identical name. The father’s name was also identical in respect of both the under trials.” The case referred to is of Sahid s/o Wahid.
On January 31, 1992 the Court had ordered the release of six under trials lodged in jail no Ramesh Chander Rohtas Ramchander and Namaloom are the names of the four of them. They were brought to the main gate of the jail made to hang around for some time and told to go back. They were subsequently released the next day.
Another under trial Malkhan Singh from jail no.4 was due to be released on February 5. He was released on February 14. Yet another under trial Sanjay s/o Murari Lal lodged in jail no.1 was supposed to have been freed on February 29. He was freed on March 18. Similarly Bhagwan Singh from Jail no2 was due for release on March 2. He was free on March 17.
When there were so many cases of illegal detentions how come the jail staff disclosed only one case? It is not that the officials did not know about these cases. Soon after the surfacing of one case of it legal detention in October last the case which figured in Parliament on December 19, 1991 the Dy IG Prisons Hans Raj had sent confidential note to the superintendents of the four Tihar jails saying that “all superintendents are required to ensure personally that no prisoner is illegally detained in their respective jails. Noncompliance shall be viewed seriously.
The Deputy Secretary Home (General) Delhi Administration sent a letter to the IG Prisons TiharJailon21.2.92 saying that a question is to figure in the Rajya Sabha on 11.3.92 and therefore the IG furnish details as to the ceases of illegal detentions in the Jail. In reply to the directive of IG the Dy. Superintendent (I) of jail No4 P.D. Gupta through a letter dated 26.2.92 said “It is submitted that an alleged illegal detention took place in this jai of undertial Sahid s/o Wahid in the month of October 1991 After October 1991 to tl this date there is no illegal detention in this jail.”
After the illegal detention of six undertial in the last week of February the court sent a notice on 2.2.92 for the next day. On February 26 a subordinate of Gupta wrote a note to the Deputy Superintendent saying that the DSI “may please add necessary comments reply so that consolidated reply may be prepared.”
“The DSI Guptas comments were “Discussed with Superintendent over the phone. This relates to the news already published in the newspaper. As direct given by the Superintendent we have to inform that investigation in the matter is going on.”
When the subordinates note refers to the case of six undertials illegal detentions the DSI says to refer only to the case which appeared in the press that of Sahid This clearly shows that both the Deputy Superintendent I and the Superintendent S.S.Ghonkrokta were aware of the other cases of illegal detentions yet chose to inform the minister of the one case which appeared in the press.
According to sources the book in which the date of the release of the prisoner is recorded is never kept. The Delhi Jail Manual Page 8 Para 8) states that “the superintendent shall keep or shall case to be kept a book showing when the prisoner is to be released.”
Illegal detentions were not enough there has been a recent case of a wrong release. Notice has been issued to the jail authorities for April 3 regarding a case of wrong release in jail No.4. The undertial had three cases against him He was released on bail in one case convicted in the second case. Case against him is still pending but he has been released.
How would the jail staff explain away these cases which took place well after October 1991 and continued happening even while the minister was telling Parliament and the people that there was only one case of illegal detention in Tihar.
Article extracted from this publication >> April 17, 1992
