NEW DELHI: A Delhi court today directed a Superintendent of Tihar jail to appear in person before it and present the guidelines and policy on the basis of which undertrial prisoners are divided in various categories depending on the risk they pose.
The order was passed by Chief Metropolitan Magistrate Vidya Parkash after a jailed undertrial told him that he had been shifted to high-risk category without any reason or explanation.
"Concerned jail superintendent (of jail no. 3) is directed to appear in person along with relevant rules, guidelines and policy on the basis of which a decision is taken for lodging an undertrial prisoner in a particular category," the court ordered.
Aman Alam, accused in a cheating and forgery case and lodged in Tihar jail no. 3, told the court that he had earlier been in the Separate Armed Guard (SAG) category and then shifted by the jail authorities to high-risk category without any reason.
"I was earlier in the SAG category. Now, I have been shifted in the high-risk category. Terrorists are high-risk category. Why should I be treated like that? Why should I come with them?," Alam said to the court.
The Additional Jail Superintendents of Jail no. 1 (where Alam was lodged earlier) and jail no. 3, who were also present in the court, failed to satisfy the court on why Alam had been shifted to high-risk category.
"It has been pointed out by accused Aman Alam that he was in the SAG category of undertrials till recently and that he has been shifted to high-risk category without any reason.
"Additional Superintendents of Central Jail no. 1 and 3 have not been able to explain satisfactorily why the accused has been shifted...Let a detailed report specifying the category in which the accused was being kept since the time of his lodging in the jail till recenlty be called," the CMM directed.
Alam also alleged he had been shifted to high-risk category only after he made a complaint against the jail authorities about "lapses" in medical treatment being provided to undertrials.
SAG category prisoners are brought in a separate section in the jail van and are also lodged in a separate section in the lock-up room. A lock-up official said SAG category is for those who have evaded the trial earlier.
Meanwhile, the court also directed the jail officials to provide proper treatment to Alam and his brother and co-accused Harshad Alam after they reiterated that they are not being referred to a government hospital for treatment of their heart and lung ailments.
Besides Aman Alam, his sister Honey Sharma, brother Harshad Alam, brother-in-law Vipin Sharma and three other relatives Sachin Sharma and Bhupender are accused of cheating, forgery, criminal conspiracy under the IPC and also under the Passport Act for running a racket of providing fake passports and visas in Delhi, Haryana and Punjab.
Barring Honey Sharma, all were arrested by the Special Cell of Delhi Police after an FIR was lodged in 2009.
They are allegedly involved in over 30 such cases and were also booked under the stringent Maharashtra Control of Organised Crime Act for running an organised crime syndicate.
A sessions court had early this year discharged them from MCOCA but the order was stayed by the high court in an appeal by the state.
