annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Delhi
measures. 43
In many cases prisoners were not
released due to dereliction of duty even
after depositing the bail money or fines.
Girija Pandey, a resident of Badarpur who
was booked under the Narcotics Drugs and
Psychotropic Substances Act, 1985 was
convicted by the court. However, after
completion of her conviction, Additional
Sessions Judge (ASJ) Chandra Shekhar
released her on 23 March 2004. Despite
the court order, the Tihar jail authorities
did not release Pandey stating that the fine
was not paid. The court summoned the jail
officials to appear before the court and
explain the non-compliance of its order. 44
An undertrial, Prithvi Puri was
reportedly forced to remain in prison for
two consecutive days despite the court
granting him bail. The police had
misplaced the bail bond furnished by him.
But the police claimed that they had not
got the pertinent document from the court
in the first place. Taking note of the breach
of discipline, on 15 July 2004, the
Metropolitan Magistrate issued a
showcase notice to the Station House
Officer while issuing bailable warrants
against the Investigating Officer of the
case. A diary entry against the police
officials was also recorded at Tilak Marg
police station for disobedience of the court
orders. 45
In August 2004, the Delhi High Court
ordered a judicial inquiry into an alleged
case of custodial death of 26-year-old Hari
Om, who was arrested on 18 September
2000 and died in judicial custody on 21
February 2000. Hari Om was facing trial
under the Excise Act was taken into
custody after failing to appear before the
Court on the date fixed in his case and his
surety was withdrawn. When Hari Om was
sent to the judicial custody, he was
reportedly hale and hearty. However, on
21 February 2000, he was declared dead
on arrival at Deen Dayal Upadhyay
Hospital after the Tihar Jail authorities
took him to the hospital. The screening
report at the time of his admission to the
jail reportedly indicated that he had three
“old wounds”, while a report dated 25
September 2000, made by the Sub-
Divisional Magistrate after his death,
noticed eight injuries. The postmortem
examination conducted on 26 September
2000 reportedly revealed 18 anti-mortem
(before death) external injuries on the
body. The postmortem examination
recorded the cause of death as “shock
caused by multiple injuries”. The wife of
the victim has been seeking punishment of
the culprits and compensation. 46
On 26 August 2004, the Delhi High
Court sought explanation from Delhi
Government and police on a petition
alleging that Zafar Khan, an undertrial
died in Tihar Jail in August 2001 due to
non-supply of insulin injection. A report
by the Deputy Commissioner of Police in
June 2004 reportedly disclosed that “the
deceased was not administered any insulin
injection during his stay at Tihar Jail on
August 9 and 10, 2001, which according to
doctors could have led to development of
diabetic ketoacidesis.” 47
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