Uttarakhand High Court Orders Suspension Of Deputy Jailor, Constable Over Alleged Assault On A Prisoner

A bench of Chief Justice G. Narendar and Justice Alok Mahra passed this order after perusing disturbing revelations in a report submitted by the Secretary of the District Legal Services Authority (DLSA), Udham Singh Nagar.

The suspended officials are: Constable Ram Singh Kapkoti and Deputy Jailor Naveen Chauhan.

In the 14^th July report, the DLSA Secretary observed that Constable Kapkoti was seen gesturing towards the prisoner with an intent to prevent him from disclosing any information."

The prisoner had also informed the Secretary, which the Court also took note of in its order, that jail staff standing outside the Legal Aid Clinic were making “fearful gestures” during their interaction.

The bench also took note of the photographic evidence submitted with the DLSA Secretary's report, as it noted that the pictures corroborated the report of the DLSA, Secretary.

“In fact, the scars, prima facie, appear to be on account of scalding, and the injury to the eye and blood-clotting are apparent to the naked eye. A closer inspection of the photographs clearly show bruise marks, just below the right eyebrow, and it also appears that a cosmetic has been used on the face and neck. Scratch bruises can also be seen on the leg,” the bench noted.

The Court directed the Registrar (Judicial) to keep the report and the photographs in safe custody.

It may be noted that as per the report in question, when the Secretary, DLSA, visited the jail (on July 11) in compliance with the Court's earlier order, he found the prisoner (Subhan) to be scared, with his eyes looking reddish and blood being visible in both eyes.

The report also stated that when the prisoner took off his shirt and Pant, there were visible injury marks/scratches on the right side of his shoulder and two old wounds, scars were visible on the backside of his left knee.

Taking note of the above findings in the report along with the photographs, the bench ordered thus:

“In that view, we direct the suspension of the Constable - Ram Singh Kapkoti and Deputy Jailor - Naveen Chauhan for the present. The Superintendent of Jail shall furnish the names of other officials, who were present at the time of the DLSA Secretary's interaction with the prisoner. We direct the ADGP (Prisons) to ensure compliance with this order forthwith,” the bench directed.

The High Court further directed that the prisoner named Subhan, convicted in Special Sessions Trial No. 03/2021 and appellant in CRLA No. 169/2024, be produced before the Court.