Delhi High Court: While dealing with an application in a pending criminal appeal seeking the appellant’s immediate medical examination after allegations of custodial assault inside Tihar Jail, a Division Bench of Prathiba M. Singh and Vikas Mahajan, JJ., observed that the allegations, if true, were “extremely disconcerting”, particularly as they were levelled against the Head Warden himself. Considering the seriousness of the allegations that the appellant had sustained injuries, was denied medical treatment, and had also been subjected to an alleged demand for illegal protection money, the Court directed preservation of the relevant CCTV footage, ordered an independent medical examination of the appellant and 2 other injured inmates at Deen Dayal Upadhyay Hospital, and called for comprehensive reports from the Head Warden, the Jail Medical Officer and the Jail Superintendent to ascertain the true factual position.
Background
The present application was filed in a pending criminal appeal seeking directions for the appellant’s immediate medical examination and for calling his medical records. The appellant had challenged his conviction and sentence passed by the Additional Sessions Judge-01 (POCSO), Rouse Avenue Courts, New Delhi, whereby he was convicted under Sections 363, 342, 376(2)(i) and 323, Penal Code, 1860, and Section 4, Protection of Children from Sexual Offences Act, 2012, and sentenced to imprisonment for life. While lodged in Central Jail, Tihar, the appellant, through his counsel and family members, alleged that during a jail visit they were informed that on 26 June 2026, the Head Warden, had physically assaulted the appellant and 2 other inmates between 7.00 a.m. and 11.00 a.m. The appellant claimed to have sustained serious injuries to his hand, suspected a fracture, and alleged that despite the severity of the injuries, he was neither medically examined nor provided any treatment. It was further alleged that the Head Warden had demanded illegal protection money from the appellant. Relying on these allegations, the appellant sought immediate medical examination and production of his medical records before the Court.
Analysis
The Court observed that the allegations, if true, were “extremely disconcerting”, particularly since the appellant had levelled allegations against the Head Warden himself of having inflicted injuries upon him. Considering the nature and seriousness of the allegations, including the assertion that the appellant had sustained serious injuries without being provided any medical examination or treatment, the Court deemed it appropriate to secure the relevant evidence, obtain an independent assessment of the appellant’s medical condition, and call for reports from the jail authorities concerned before examining the matter further.
Decision
Considering the nature of the allegations, the Court issued the following directions:
-
The CCTV footage pertaining to the incident dated 26 June 2026, covering the period from 6.00 a.m. to 2.00 p.m., shall be preserved and produced before the Court on the next date of hearing.
-
Head Warden shall remain personally present before the Court on the next date of hearing and file a comprehensive report setting out his version of the events that transpired on the said date, as well as the present medical condition of the appellant and the other 2 inmates who were stated to have sustained injuries.
-
The Jail Medical Officer shall furnish a complete report indicating the medical examination, treatment and care provided to the appellant from the date of the alleged incident till the date of submission of the report.
-
The Medical Officer shall also specify the steps taken to provide medical assistance to the appellant and clarify whether any diagnostic investigation, including X-ray examination or any other relevant medical tests, was conducted and, if not, the reasons therefor.
-
The appellant, along with the 2 other inmates stated to have suffered injuries, shall be produced before the Medical Superintendent, Deen Dayal Upadhyay Hospital, Delhi, on 17 July 2026 for proper examination, and an independent report regarding their medical condition shall be furnished before the Court on the next date of hearing.
-
The Jail Superintendent, Central Jail, Tihar-03, New Delhi, shall file a response to the allegations made in the application in a sealed cover by the next date of hearing.
-
The learned APP and the Registry were directed to communicate the order forthwith to the jail authorities and the Medical Superintendent concerned, Deen Dayal Upadhyay Hospital, Delhi, for necessary information and compliance.
-
The matter was directed to be listed on 29 July 2026.
Also Read: Custodial death: Death Penalty to 9 Police Officials| SCC Times
[Ashish v. State (NCT of Delhi), CRL.A. 1562 of 2025, decided on 17-7-2026]
Advocates who appeared in this case:
For the Appellant: Digant Mishra, Kashmira Lambat, Abhinav Deshwal, Zainab Siddiqui, Sahir Gahlot, Dipankar Singh and Anshul Rajora, Advocates
For the Respondent: Ritesh Kumar Bahri, APP with Divya Yadav and Lalit Luthra, Advocates
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Penal Code, 1860 HERE
