The Delhi High Court has initiated contempt of court proceedings against a Tihar Jail superintendent for failing to release an undertrial prisoner on parole despite specific directions issued by the Court in Anwar Hussain v. State NCT of Delhi.
The Bench of Justice Purushaindra Kumar Kaurav initiated the proceedings after taking note of the jail authorities’ refusal to release Anwar Hussain, who had remained in custody as an undertrial for over five years.
The Court had, by an order dated July 30, granted Hussain parole for four weeks, leaving it to the jail authorities to prescribe appropriate terms and conditions for his release. However, the superintendent did not prescribe any conditions and, according to the Court, relied on “flimsy and untenable excuses” to prolong Hussain’s incarceration.
Hussain subsequently approached the Court again, following which the Bench itself fixed the conditions for his release by an order dated August 11. Despite this, when Hussain’s family approached the jail authorities for his release, the superintendent refused to act on the August 11 order, stating that it had not been received directly from the Court.
Taking exception to the stand, the Court observed that the August 11 order was a digitally signed public document whose authenticity could easily have been verified. Observing that the prison administration offered a baseless excuse to block the petitioner’s release, the Court accused the jail authority of deliberately undermining its judgment.
Hussain was then constrained to move another application seeking his release. On September 8, the Court directed the superintendent to appear personally and explain his conduct.
Appearing for the superintendent, it was submitted that there was no ill-will or malice behind the decision. The superintendent claimed that Hussain had not been released because the address where he proposed to reside during parole could not be verified, describing address verification as a routine and customary condition.
The Court rejected the explanation, noting that its August 11 order did not impose any condition requiring verification of Hussain’s residential address.
It held that the superintendent’s attempt to impose an additional condition was contrary to the Court’s order and amounted to a wilful violation of its directions.
The Court stated that Dr. Pawan Kumar had attempted to rationalize a blatant misuse of his official powers under the guise of “customary” procedures. It remarked that the jail authority’s true intention was to unilaterally impose additional requirements beyond those mandated by the court.
The Court held that the conduct amounted to an abuse of the superintendent’s powers and interfered with Hussain’s constitutional right to personal liberty. It consequently initiated contempt proceedings against the jail superintendent.
The matter will next be heard on September 22.
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