Delhi HC orders action against Tihar Jail officers for illegal detention

New Delhi: The Delhi High Court has issued directives to take action against jail officers at Tihar Jail for the illegal detention of a man, despite a bail and release order issued on January 20.

The man's continued confinement was based on an "expired production warrant" from an outstation case in Uttar Pradesh's Gautam Buddha Nagar, dated September 30, 2022.

A division bench of Justices Suresh Kumar Kait and Manoj Jain said that the man should be released immediately, stating that he was held unlawfully due to a production warrant that had expired in the previous year.

The court noted that the release order was received on January 20, and no valid production warrant from the Gautam Buddha Nagar court existed.

The habeas corpus plea, filed by the man seeking his immediate release, brought attention to the lack of information on the next court date and the accused's bail status in the out-station case.

The court noted that Tihar Jail authorities were unaware of these details and stressed that there was no "live production warrant" for the man.

As the Superintendent of Tihar Jail said that the man was sent to Gautam Buddha Nagar court due to a "communication gap", with no scheduled date for production before the court, the high court criticised the delay in addressing the situation and stated that instead of honouring the production warrant in 2022, action was taken when the accused had already secured bail in Delhi cases.

Assured by the DG, Prisons that such lapses would not occur in the future, the bench clarified that any future lapses by jail officers would result in strict court action.

The court directed the jail authority to submit a report outlining the actions taken against the erring officers and measures implemented to prevent similar lapses.