Amid a row over videos purportedly showing Delhi minister Satyendar Jain getting "massages" in his prison cell, a former law officer of Tihar Jail has claimed that such "illegal" practices were "normal" there and he knew of sexual favours being arranged for influential inmates during his tenure.
Sunil Gupta, who served as a law officer and spokesperson in Tihar from 1981 to 2016, claimed the "high and mighty people" used to get all kinds of favours and "special treatment" within the prison premises from officials as well as inmates in the country's largest jail.
Action was also taken in some cases after he reported them, Gupta said without elaborating.
Dheeraj Mathur, spokesperson of Tihar Jail, refused to respond to Gupta's allegation.
Former Lieutenant Governor of Puducherry Kiran Bedi , who served as Tihar Jail DG from 1993-1995, said, "What Sunil is referring to perhaps of his tenures earlier than mine or after my departure. Hence (it) is only in his knowledge."
However, Bedi admitted that she received "all sorts of complaints" from prisoners, including of sodomy, when she introduced a feedback and prisoners petition system via a locked mobile box opened by her only.
Ambreesh Gaur, who served as senior jail superintendent in several prisons in Uttar Pradesh, said that instances of sodomy among prisoners were reported to him when he was in service, however, he didn't come across any case where an influential person was offered such thing as a favour.
"There are 74 jails in Uttar Pradesh and it is rare to know several highly influential persons staying in one prison on a regular basis. On the other hand, VIPs frequent Tihar jail on a regular basis as a prisoner. That's why my experience is different from any official who served in Tihar," Gaur said.
Tihar is in the eye of a storm for alleged VIP treatment to influential prisoners after videos emerged in the public domain on November 19 showing Jain, who has been arrested on money laundering charges, getting massages from some inmates, one of whom was later identified as a POCSO accused.
Various reports have suggested that it is an old video on which action has already been taken by suspending the officials concerned including the then Jail Superintendent Ajit Kumar.
The Aam Aadmi Party (AAP) has alleged that the videos were leaked by the Enforcement Directorate, which accessed them as part of an ongoing investigation for alleged money laundering against Jain.
Defending Jain, the party has said he got physiotherapy for a spine injury.
A year after his retirement, Gupta penned a book "Black Warrant", which highlighted how powerful prisoners have lived "luxurious" lives breaking every rule.
"During my tenure, I have even seen influential people asking for sexual favour and availing it. Sodomy is common inside Tihar and the powerful people get such favours from inmates either mutually or with the help of jail officials," Gupta said.
A Supreme Court judgment of 1987 in the matter of Sanjay Suri vs Delhi Administration had highlighted the plight of juvenile prisoners who were subjected to sexual assault by adult prisoners.
According to Gupta, the Satyendar Jain saga necessitates a thorough investigation.
"If Satyendar Jain has got a massage in his prison cell by an accused, it is illegal as there are authorised wards within the premises for providing physiotherapy in case a prisoner needs it. He cannot get it in his cell by an accused," he said.
However, the viral video hasn't surprised Gupta as he is of the view that this is "normal among the illegal activities" that he has seen happening within the prison.
"I have seen rules being thrown to the wind to appease ministers, businessmen and industrialists," Gupta claimed.
"Who would not want to align with and shower favour on influential people? They promise jobs, legal aid, and money to poor prisoners and get their services in whatever form they want.
"'Even jail officials dance to their tune as they are promised money or jobs to their relatives and others," Gupta claimed.
Asked if he reported such matters to the higher authorities, he said, "Yes, definitely, and in some cases, actions were also taken but it is difficult to put such corrupt practices to an end forever."
"It is like the corruption prevailing in any other government office and department. People get into it for the lure of money hoping that they can get away with it," he said while refusing to name any particular year during which such incidents happened.
Bedi said during her, no one got any favour of this kind.
"The rule was similar for all. We had a very effective system of feedback and a prisoners' petition system which was directly addressed to me.
"I received all sorts of complaints of corruption and sexual offences and took immediate action," she said.
She claimed that the petition system of that time remains unparalleled because prisoners had trust that action would be taken.
"Over and above, we had many other forms of inputs," Bedi added.
What Tihar jail manual says on prisoners' food, health?
Tihar jail is governed by the Tihar Jail Manual published in 2018. It is available on the website of Department of Prisons, Government of National Capital Territory of Delhi.
The 517-page Tihar Jail Manual details every aspect of prison management, from the admission and lodging of prisoners to dietary and health aspects.
The manual lists the nutritional requirement of prisoners and lists the food items to be given to them. However, it also says that diet of prisoners can be changed as per their health condition or medical requirements.
It further says when a prisoner is sick, the diet will be regulated by the medical officials of the jail.
The AAP alleged that Jain was receiving physiotherapy in the leaked video for his spine injury but the manual says there are separate physiotherapy units inside the jail for the purpose, along with other health-related units such as for dental and psychiatric care. Therefore, according to rules, Jain should not normally be receiving physiotherapy inside his cell.
"In every prison there will be separate hospitals with the necessary number of beds for indoor treatment with separate ward for men and women. All central and district prisons should be provided hospital accommodation for 5% of the authorized inmate population," says the manual.
The manual lists physiotherapy along with other wellness-related activities of prisoners, such as deaddiction, treatments of hearing, speech, sight, etc., as the duty of prison authorities.
The leaked video also shows people, apparently fellow prisoners, to be casually walking inside Jain's cell and talking to him. This too appears to be prohibited as per the jail manual.
"Wandering about the sleeping barracks, at any time, is strictly prohibited. If the prisoner leaves his sleeping berth frequently, without any purpose what-so-ever, the prison functionary on duty shall report the matter to the warder on duty who will, if he considers necessary, inform his superior about the same," says Tihar Jail Manual.
The request for particular food items as per religious beliefs is allowed under the jail manual and Jain should be provided such food as per the manual.
"Prisoners who observe religious fasts may receive extra articles of food suitable for such fasts as per local practices {such as potatoes, fruits, etc.}, or may have the whole or a part of their meal at a place and time of day, as may be allowed by orders of the government for proper observance of fasts by them," says the jail manual.
Upon hospitalisation, the diet as well as the overall management of the prisoner will be at the discretion of Resident Medical Officer (RMO) and health officials, as per the manual.
All medical personnel at the hospital are supposed to wear a uniform and physiotherapy is supposed to be one of the mandates of the prison authorities.
"The Health & Family welfare Department and the requisite equipments shall be procured by the prison authorities. Adequate physiotherapy facility shall be provided in each hospital...The medical staff posted to the prison hospitals shall wear the uniform prescribed by Health & Family Welfare Department," says the Tihar Jail Manual.
As per these rules, the person massaging Jain in the leaked video should have been wearing a uniform.
