'Stunned & In Deep Awe': UP Court Orders Inquiry, Medical Examination After Under-Trial Alleges Torture For Opposing 'Illegal' Jail Activities

The order was passed On Tuesday by Additional Chief Judicial Magistrate (ACJM) Nagma Khan, a copy of which has been forwarded to the concerned DM, SSP, CMO and jurisdictional SDM along with DGP UP, DG Prisons UP and IG Agra Range.

"Stunned, shocked and in deep awe…"

Briefly put, the under-trial prisoner (Jacky alias Prashant), moved an application before the court alleging that he was mercilessly assaulted by certain jail officials and inmates on October 5, 2025 after he opposed an illegal canteen and the alleged sale of narcotics inside the jail premises.

He categorically alleged that Narcotics (charas and ganja) was being sold in the District Jail Firozabad openly and Jailor and Deputy Jailor had openly given contract (theka) to a Prisoner for illegal work.

Added to that, he claimed, one hotel is also being run inside the jail and food items are being sold at expensive rates which has made the life difficult for poor prisoners.

He further alleged that when he refused to comply with the demands of the Jail Superintendent, he was beaten up badly after taking him out of the barrack with lathi and danda on back, legs and thighs.

The undertrial displayed his bare back to substantiate his allegations. Taking note of the same, the Court recorded in the order that she was "stunned, shocked and in deep awe witnessing the injury marks all over his bare back, and appalled at the injury marks as manifest from the photos submitted".

"The images are deeply troubling and any iota of truth in the allegations of the under trial prisoner should shake the conscience of every human being and us as citizens of the biggest democracy and we should rightfully hang our heads in shame”, the Court further remarked.

The court noted that while there were a battery of cases against the under-trial prisoner, this did not justify assault on him by any authority or person.

"We might recollect that the purpose to confine a person in the prison wall is never to deprive him of his fundamental rights and physical liberties and not the least to assault him and dehumanize him", the Court said.

The order also noted that despite a prior direction, the Jail Superintendent failed to submit a report regarding the matter by 2:00 p.m. that day which prompted the court to intervene with urgent directions.

“Prisoners are also persons”

Placing the incident in the broader constitutional framework, the UP Court observed that prisoners are also entitled to the right to life and personal liberty under Article 21 of the Constitution, which includes the right to live with human dignity and protection from torture.

The court referred to the landmark rulings of the Top Court including Sunil Batra vs. Delhi Administration 1979 and Parmanand Katara v. Union of India 1989, as well as international standards such as the Nelson Mandela Rules (UNGA resolution 70/175 adopted on 17 December 2015) and the Universal Declaration of Human Rights (UDHR), to say that the right against custodial torture and the right to health are fundamental human rights that cannot be suspended by incarceration.

Referring to Martin Luther King Jr.'s words that “a right delayed is a right denied”, the Court emphasized that immediate action was the court's duty to safeguard a prisoner's 'precious human rights'.

The court also remarked that the case was 'straight from an ott series'. It added:

"Reel life criminal justice styled incident has come knocking the doors of justice in Real. Illegal rackets and brutal prisoner beating allegedly unleashed at the hands of authorities. The resemblance is uncanny'".

The court also said that though India is not a party yet to the United Nations Convention against Torture, the prohibition of custodial torture and other cruel treatment is a part of Constitution of India and it is a part of international customary law as well.

Directions of the court

Against the backdrop of these remarks, the court directed the Chief Medical Officer (CMO), Firozabad to constitute an independent medical board comprising at least two doctors of the highest standard and integrity from the District Hospital.

The board has been directed to examine the under trial and submit a detailed medical and medico-legal report within 48 hours and the report must clearly state the injuries, their nature and the recommended treatment plan.

The Jail Superintendent has been directed to immediately produce him before the CMO and ensure full cooperation with the medical board. The Jail Medical Officer has to file bi-weekly reports on the implementation of treatment.

Further, the Superintendent of Police (SP), Firozabad has been tasked to ensure his safety during transit and protection from both jail staff and co-inmates he has accused. The court specifically directed that he not be lodged in the same barrack as those named in his complaint.

Furthermore, to ensure accountability, the magistrate has ordered two parallel probe/enquiry

By the Sub-Divisional Magistrate (SDM):

The SDM must record statements of Jacky, co-inmates, jail staff and the medical team; examine the jail's CCTV footage for October 5, 2025 and other relevant dates. He has to inquire into the alleged existence of an illegal canteen and narcotics trade inside the jail. The Jail Superintendent must preserve all CCTV footage from the relevant days.

By the DIG (Prisons), Agra Range:

The DIG (Prisons) has been directed to inquire into negligence or misconduct by the Jail Superintendent, Deputy Jailor and other staff, and then, to recommend departmental or disciplinary action if violations are found.

Additionally, a copy of the order and complaint has been sent to the Chief Judicial Magistrate (CJM), Firozabad for registration of an FIR and further proceedings.