Supreme Court directs Central and Delhi govt to convene meeting to ensure systematic implementation of the Delhi Police Commissioner’s recommendations to upgrade security inside the Tihar Jail

Supreme Court directs Central and Delhi govt to convene meeting to ensure systematic implementation of the Delhi Police Commissioner's recommendations to upgrade security inside the Tihar Jail

The Supreme Court directed the Central and Delhi govt to convene a meeting to ensure systematic implementation of the Delhi Police Commissioner’s recommendations to upgrade security inside the Tihar Jail.

Background

An affidavit of compliance has been filed on behalf of the Union Ministry of Home Affairs purporting to set out the steps which have been taken to comply with the report which was submitted by the Commissioner of Police, Delhi for upgrading the security at Tihar Jail in order to obviate incidents such as the one which has been noticed by the Court in the present case. The affidavit filed by MHA relies on the contents of the Model Prison Manual.

The MHA has stated that the recommendations which have been made in the report submitted by the CP are worthy of acceptance and should be implemented. The issue is how they should be implemented and whether any steps have been taken in that regard.

Arguments

The MHA, in its affidavit, has stated that ‘prisons’ are a State subject and, hence, directions have been issued to the Delhi Government to ensure compliance. Madhavi Divan, Additional Solicitor General, has read through the contents of the affidavit and has submitted that it is now for the Delhi Government to take necessary steps.

Advocate K M Nataraj, Additional Solicitor General appearing on behalf of Delhi Police, stated that though the DG, Prisons is an officer on deputation from Delhi Police, decisions have to be taken by the Delhi Government.

Court Order

The division bench of Justice D.Y. Chandrachud Justice M.R. Shah noted that the shifting of responsibility between MHA, the DG, Prisons and the Delhi Government, has to be redressed by effective coordination and expeditious decision making. 

The court directed that, within a period of one week from today, a meeting should be convened between the Secretary level officer of MHA, The DG, Prisons at Tihar Jail and The Chief Secretary, Government of NCT.

The court ordered that the Commissioner of Police shall attend the meeting as an invitee since the recommendations which have been contained in his report are to be duly implemented.

The court directed that concrete decisions towards implementing the report of the CP to be taken and a joint report to be filed on affidavit indicating the manner in which implementation would be carried out providing time lines, the steps which should be taken and assigning responsibility for compliance.  

Case title: Bhupinder Singh v/s Unitech Ltd. 

Citation: Civil Appeal No(s).10856/2016

Click here to read the Order/Judgment

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