HC directs CBI to probe ‘assault’ on Tihar jail prisoners

NEWDELHI: Stating that an act does not get decriminalized if committed by a person in uniform, the Delhi High Court on Monday directed the Central Bureau of Investigation (CBI) to investigate the alleged assault on several prisoners lodged in the high risk ward of the Tihar jail in November last year by the security officials.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said the two reports submitted in the court with regard to the alleged assault on November 21, 2017 on the prisoners facing prosecution by the National Investigation Agency ( NIA) should be given to the Central Bureau of Investigation for examination who would take necessary steps in accordance with law.

“The report of the committee dated November 27, 2017 as well as the report submitted by Shri Brijesh Sethi on February 3, 2018 shall be forwarded to the CBI along with annexure. The CBI shall examine the same and conduct further enquiry in order to ascertain the culpability of various persons implicated in the report of the committee or during the enquiry,” the bench said, adding that the CBI shall file a status report within four weeks on the matter.

It said that “prima facie case for more detailed enquiry and thereafter investigation and if necessary prosecution”.

The court’s direction comes while hearing a PIL by advocate Chinmoy Kanojia who had alleged that his client Shahid Husuf, currently being investigated by the NIA and undergoing trial, was beaten up without any reason by the Tihar Jail staff.

According to the complaint, several inmates of blocks C and F of the High Risk Ward were brutally assaulted by the Tamil Nadu Police and Prison officials in Jail 1, continuously for more than one hour. Following this plea, the court had constituted a three-member committee to probe into the matter who had submitted their reports.