HC tells CBI to probe undertrial’s murder

The Delhi high court has questioned prison authorities for not carrying out a proper investigation into the alleged murder of an undertrial prisoner at Tihar Jail, and asked the Central Bureau of Investigation (CBI) to look into the allegations raised by the family.

The victim, identified as Shrikant Rama Swami, was supposed to be released on the day he allegedly got into a fight with fellow inmates and later died at a hospital.

The court’s order comes on a plea by Swami’s mother. Swami was lodged in Tihar Jail since June 13, 2019 in connection with three FIRS which list offences of attempt to murder, robbery, dacoity, obstructing a public servant on duty, counterfeiting and relevant sections of the Arms Act.

Swami’s advocate Shailendra Singh said his client was granted bail and was supposed to be released on May 14 this year. “He was supposed to be released from the jail as he was granted bail under the guidelines of the high powered committee to decongest jails during the pandemic. However, his dead body came out,” said Singh.

Justice Mukta Gupta on Tuesproper

NEW DELHI:

day said Swami’s post-mortem exam report has not been placed on record before the court, and noted that the investigation into the call received by the victim’s sister a day prior to the incident is also “incomplete”, despite an FIR getting registered two months ago.

The Director General (DG) of Prisons had informed the court that most of the CCTVS in the Tihar Jail were not working. He added that 6,967 CCTVS to be installed in the premises will be made functional by August 15.

“It is thus evident that no CCTV footage of the incident is available. However, the prime issue which now concerns this court, besides the manner in which the death of the inmate has been caused, is why no

investigation could be carried out despite the fact that a PCR call was made from a phone number from the jail and the said phone number is duly recorded in the PCR call,” the court said in its eight-page order.

“...As per status report filed by the jail superintendent, there was no apparent injury on the deceased. However, the case of the petitioner is that there were deep injury marks on the deceased and an in depth investigation is required... to find out the circumstances under which the deceased made a phone call to his sister expressing his apprehension of death and his subsequent death in the judicial custody... this court finds it fit to transfer the investigation of the case FIR in question to CBI,” the judge added.

Pointing to a call received by the victim’s sister a day prior to the alleged assault, the plea filed by Swami’s mother also said that his body had several deep cuts which it claimed could not have been caused by a cricket bat.

The jail authorities had informed the court that three undertrials were found beating Swami with cricket bats around 7am on May 14. Later, after he complained of body pain, he was taken to the hospital, where he died at 11.30am.

Why could no proper probe be carried out, despite the fact that a PCR call was made from a phone number from the jail?