While underscoring the settled constitutional principle that conviction does not strip a prisoner of his fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution, the Delhi High Court has asserted that allegations of custodial assault by a jail authority, especially the Head Warden and denial of medical treatment to an injured prisoner are matters of the highest constitutional concern.
The Court observed that the allegations, if true, are extremely disconcerting, given that the Appellant had levelled serious allegations against the Head Warden himself, a jail authority, of having inflicted physical injuries upon him. The Court took immediate cognizance of the matter and proceeded to issue specific directions.
Considering the gravity of the allegations, the Division Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan issued comprehensive directions. The Court directed that the CCTV footage of the incident dated 26th June, 2026, covering the period from 6:00 AM to 2:00 PM, shall be preserved and produced on the next date of hearing. The Court also directed the Head Warden Mr. Sagar to remain personally present before the Court on the next date of hearing and file a comprehensive report setting out his version of events of that date, along with the present medical condition of the Appellant and the two other injured inmates.
While listing the matter for 29th July, 2026, the Bench directed the Medical Officer of the Jail to 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 Court also asked the Medical Officer to specify the steps taken to provide medical assistance and clarify whether any diagnostic investigation, including X-ray or other relevant medical tests, were conducted, and if not, the reasons for the same.
Briefly, Ashish @ Vicky, a convict lodged in Central Jail, Tihar, was convicted by the Additional Sessions Judge-01 (POCSO), New Delhi District, Rouse Avenue Courts vide judgment dated 19th July, 2025, and sentenced vide order dated 23rd July, 2025. He was convicted for offences under Sections 363, 342, 376(2)(i), and 323 of the Indian Penal Code, 1860, and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, arising out of FIR dated 7th February, 2014, registered at PS Vasant Vihar.
The convict was awarded rigorous life imprisonment for the remainder of his natural life under Section 376(2)(i) IPC along with a fine of Rs. 50,000/-, and concurrent rigorous imprisonment of 3 years under Section 363 IPC, 6 months each under Sections 342 and 323 IPC, with respective fines. All sentences were directed to run concurrently. While the criminal appeal against conviction was pending before the Delhi High Court, a fresh application was moved on behalf of the Appellant and his family members. During a recent jail visitation, the family was informed that on 26th June, 2026, between 7:00 AM and 11:00 AM, the Head Warden, one Mr. Sagar, had physically assaulted the Appellant and two other inmates.
The Appellant alleged that he sustained serious injuries to his hand, suspected to be a fracture, and that despite the apparent severity of the injury, no medical examination, treatment, or any other medical assistance was provided to him. A further and graver allegation was levelled that the Head Warden, Mr. Sagar, had demanded illegal protection money from the Appellant. It was also brought to the Court’s notice that in the case of another inmate, Nitin @ Vinay, who was similarly assaulted, an application was moved before the Trial Court, and vide order dated 13th July, 2026, the Trial Court had already directed that best medical treatment be provided to that applicant as per the jail manual.
