Delhi HC raps AAP govt over unclean drinking water and toilets in Tihar jail

The Delhi high court on Monday reprimanded the Aam Aadmi Party (AAP) government in Delhi over its apparent failure to provide basic facilities including clean drinking water and toilets to inmates and visitors in Tihar jail, saying that the government lacked the will and funds to invest in enhancing the infrastructure inside the prison.

“The conditions (in Tihar Jail) are tough… They (Delhi government) have to make a lot of investments. They (Delhi government) are not ready to make any investment. They (Delhi government) collect taxes, and they (Delhi government) spend taxes. Their policy is simple. We collect nothing, we spend nothing. They (Delhi government) have to have the money no,” a bench of chief justice Manmohan and justice Tushar Rao Gedela said to the counsel appearing for advocate Shyam Sunder Aggarwal.

Responding to a plea highlighting the lack of basic amenities inside the jail for advocates visiting their clients, the high court expressed displeasure on prevalent conditions.

The petition, argued by advocate Naveen Malhotra, stated that there were no arrangements for basic amenities in Tihar jail, and advocates visiting undertrials and convicts in the prison have to wait outside in extreme weather conditions. It went on to add that despite the availability of several acres of vacant land, no parking has been provided inside or outside the premises.

During the hearing, Aggarwal’s counsel submitted that his client had also made representations seeking provision of basic facilities to the counsels to the Bar Council of Delhi, Bar Council of India and Director General of Prisons, but none acted upon them.

The Delhi government, represented by advocate Santosh Kumar Tripathi, submitted that the government was willing to invest in enhancing the capacity of the jail; the disbursal of funds from the finance department required a cost audit, which would be conducted in two months. He also submitted that the government had also acceded to his suggestion of vertically enhancing the jail premises and the amenities to cater to the population.

Considering the contention, the court while highlighting the pitiable conditions inside the premises, stressed on implementation of the plans.

“We don’t doubt your intent. The problem is, it must be implemented at the ground level. Nothing gets implemented… There is no plan prepared, nothing is at the implementation or execution stage. Implementation will take 2-3 years. There has to be a sanctioned plan, there is not even a sanctioned plan. Inside it’s very, very challenging,” the bench said to advocate Tripathi.

It further directed the director general of prisons to consider Aggarwal’s representation as expeditiously as possible. “Keeping in view the aforesaid, the director general of prisons, Tihar Jail, Central Jail is directed to decide the petitioner’s representation dated 5.09.2024 in accordance with law as expeditiously as possible preferably within four weeks,” the court said in the order.