SUNIL BATRA versus DELHI ADMINISTRATION

Citation: [1980] 2 S.C.R. 557 · Decided: 20-12-1979 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Case Allowed

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Judgment (excerpt)

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557
SUNIL BATRA
A
v.
DELHI ADM;fNISTRATION
December 20, 1979
{V. R. KRISHNA lYEiR, R. S. PATHAK AND 0. CHINAPPA REDDY, JJ.]
B
Consti/1'.l.tion of India 1950, Article 32-Tortune inflicted on. prisoner in jail-
factum of torture brought to notice of court-power and responsibility of CoUrt
'ii to intervene and protect prisoner.
Prisons Act 1894, Ss 27, 29 and 61 & Punjab Prison Manual, Paras 41, 47t
49 and 53--Solitary confinenient, denial of privileges, amenities to prisoners-to C
be imposer/. with judicial appraisal of Sesaions Judge-Prison Manual to be; ready
reach oj prisoners-visits to jails by vis(tors, official and non-official-keeping
of grie1•ance boxes in prisons and remedial ·action on grievances by Sessions
fudges-PeP'i0tlical reports to be forwarded to the High Court-refornis sug.-.
gested in vrison management and procedure.
Legal ~tid-provision, of free legal aid to prisoners-necessity of.
The petitioner, a convict unde;r death sentence, through al letter to one of
the Judges Clf this Court aJleged that torture· was practised, upon another prisoner
·by a jail "\"lli'arder, to extmct money from the victim through his visiting relations.
The letter was converted into a habeas corpus proceeding. The Court issued
notice to the State and the concerned officials. It also appointed amicus curiae
and autho1 ised them to visit the prison, meet the prisoner, see relervant docu-
ments 3.nd interview necessary witnesses so as to enable them to inform them"'
selves about the surrounding circumstances and the scenMio of events.
The an-1icus curiae after visiting the jail and examining \Vitnesses reported
that the prisoner sustained serious anal injury because a rod was driven into
that aperture to inflict inhuman torture and that as the bleeding had not stopped,
!:to was removed to tho jail hospital and, later to the Irwin Hospital. It was also
reported that the prisoner's explanation for the anal rupture was an unfulfilled
demand of the wa1der for money, and that attempts were made by the depart-
mentol officers to hush up the crime by overawing the prisoner an<l the jail
doctor and offering a story that the injury was either due to a fall or self-infl.ic ..
tion or due to piles.
Allowing the writ petition.
HELD:
.(Per Krishn> Iyer and Chinnappa Reddy, JJ.)
I. la) Prem Chand the prisoner, hae been
tortured
illegaUy
and
the
"Superintendent cannot absolve himself from responsibility even though he may
not be dire:tly a party.
Lack of vigilance is limited guilt. The primary guilb
cannot be fixed bocause a criminal case is pending or is in the offing. The
State shall take oction against the investigating police for collusive dilatorine!l!i
and deviousness.
(599 FJ
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558
SUPREME COURT REPORTS
[l %0] 2 S.C.R:,
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(b) The Superintendent is directed to ensure that no corporal punishment
or personal violence on Prem Chand shall be inflicted. No irons shall be
forced on the person in vindictive spirit. [599 ITJ
(c) La1,1:yers nominated by the District Magistrate, Sessions Judge, High
Court or the Supreme Court will be given all' facilitiesi for interviews, visits ancr
confidential co1nmunicaotion with prisoners subject to discipline
and
security·
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considerations. The lawyers so designated shall bei bound to make periodical:
visits and record and report to the concel')led courts, results which have relevance
to legal grievances. [600 A-BJ
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( d) Within the next three months, Grievance Deposit Boxes shall be Diilin- y .
tained by or under the orders of the District Magistrate <md the Sessions Judge
which will be opened as frequently as is deemed fit and suitable action taken:
on complaints made. Access to such boxes sha.Jl be afforded to all Prisoners •.
[600 CJ
(e) District Magistrates and Sess_ions Judges shall, persona1ly or through·
iiurroga-tes, visit prisons in their jurisdiction! and afford effective opportunities for--
ventilating legal grievances, shall make expeditious enquiries there into and take-
suitable remedial action. In appropriate cases report$ shall be made to the Highr
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Court for. the latter to initiate, if found necessary, habeas action. [600 D]
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(f) No solitary or punitive cell, no hard labour or dietary change as painful\
additive, no other punishment or denial of privileges and amenities, no trttsfer
to other prisons \Vith penal consequences, shall be imposed 'vithout judicial'
appraisal of th

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