The Delhi High Court on Monday directed the Central Bureau of Investigation (CBI) to register an FIR and conduct a full-fledged probe into allegations of an extortion racket operating inside Tihar Jail, purportedly involving both inmates and jail officials.
A bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela described the allegations as “astonishing” and warranting “prompt” and “serious” government attention. The direction came after the CBI submitted its preliminary inquiry report, which the court said indicated the involvement of inmates and prison staff in illegal and corrupt practices within the jail.
“Having perused the status report and the preliminary inquiry report, we direct that based on the same, an FIR/RC be launched by the CBI and investigation be carried out,” the bench ordered, adding that a sealed status report on the progress must be submitted at the next hearing on August 13.
The proceedings stem from a petition filed by a former inmate alleging that jail officials, in collusion with certain prisoners and outsiders, extorted money in exchange for providing special facilities inside the prison. The plea also raised broader concerns over irregularities, misconduct, and lapses in the functioning of Tihar.
The court noted with concern that the findings of the inspecting judge for Central Jail 8 and the semi-open prison — presented in a sealed cover — revealed “very disturbing facts”, including misuse of the prison’s official landline for “promoting nefarious activities” and suspicious call records between inmates and persons outside.
Expressing dismay, the bench questioned how such illegal operations could persist in a high-security prison:
“Can’t we have a robust prison? When it comes to providing the inmates basic human needs, you fail. But whosoever is in a position to extract from that very system is enjoying his life there. Think about those who can’t afford such means. What about them?”
The court reiterated that the state is duty-bound to provide basic minimum facilities to all prisoners, while ensuring the system is not exploited by those with money or influence.
In earlier hearings, the principal secretary of Delhi’s Home Department had been tasked with a fact-finding inquiry to identify officials responsible for administrative and supervisory failures. On Monday, the government sought more time to complete this inquiry. The Director General of Delhi Prisons has been directed to fully cooperate.
The CBI has also been asked to widen the scope of its investigation beyond jail staff, to include any relatives of inmates or even the petitioner himself, if found complicit.
