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A court has observed that custodial violence in any form is a serious issue and the judiciary must exhibit zero tolerance for such offences.

Additional Sessions Judge Kamini Lau made the observation while dealing a complaint regarding custodial violence in the Tihar jail premise which left under trial prisoner Sanjay alias Amit injured.

The complaint was filed by Amit’s counsel and amicus curiae Rajneesh Antil, who has sought initiation of proceedings against the jail authorities, constable Parveen and Durga (both head wardens) and three under trial prisoners namely Vinod, Sunny and Veeru.

Custodial violenceThe court noted that during the production of Amit, he has a fracture in his left hand. On a query from the court, he said he was beaten in the prison premises by the jail staff.

The court termed it “highly surprising” that it has not got, till date, any information regarding any incident in which injuries were received by Amit, who is lodged in central jail, Tihar, from the jail administration.

“I may observe that custodial violence in any form is a serious issue and and the courts are required to exhibit zero tolerance for the same being violative of human rights as well as the statutory rights of a person in custody,” the court said in an order delivered Wednesday but made available on Thursday.

“It is surprising that the jail authorities have not been bothered to bring the incident to the notice of this court and it is only that when the accused has been produced before this court today (Wednesday) that this court had noticed his physical condition and made queries from him as regards the injuries on his body that the incident came to light,” it said.

The court directed an inquiry in the incident in accordance with law and a complaint before the chief metropolitan magistrate, northwest Delhi, for initiating legal action. The court said the jail superintendent is directed to preserve all CCTV footage of the relevant date July 14-15, when the incident took place.

It sought the medical reports of the accused Sanjay alias Amit be placed before it, as well as seeking explanation from jail superintendent regarding why the report of the incident was not sent to the court.

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