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Tihar superintendent faces contempt for delaying undertrial’s release in ‘wilful violation’ of HC order
The Delhi High Court said the Tihar Jail superintendent imposed an unauthorised condition in 'wilful violation' of court directives that delayed release of undertrial.
New Delhi: The Delhi High Court has initiated contempt proceedings against Tihar Jail superintendent Pawan Kumar for allegedly failing to release an undertrial prisoner on parole despite judicial orders and engaging in “wilful violation” of court directives by attempting to impose unauthorised conditions on the prisoner’s release.
The court said that “owing to flimsy and untenable excuses of the Jail Authority and Kumar, a mockery has been made of the legal system”, which resulted in a direct violation of the petitioner’s fundamental rights under Articles 14 (equality before the law) and 21 (right to life & personal liberty) of the Constitution.
The petitioner, Anwar Hussain, an undertrial prisoner who had spent five years and five months in custody, sought parole to pursue legal remedies before the Supreme Court.