Court says second round of force after inmates had dispersed into cells was “completely unnecessary and uncalled for,” directs treatment for appellant who lacks funds for fracture surgery
The Delhi High Court has strongly disapproved of the use of force by a jail warden against inmates after the situation had already been brought under control, observing that a second round of beating with a danda was wholly unnecessary and impermissible.
A Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt made the remarks while hearing a matter in which CCTV footage from a jail complex was placed before the Court. The footage showed a quarrel between about 10 to 12 inmates in an open area of the jail on June 26, 2026. In the first instance, the warden used a thick stick to disperse the inmates, after which they returned to their respective cells and rooms.
However, the Court noted that the warden later returned with additional staff, brought the inmates out again, and resumed hitting them with the danda. The Bench said this second use of force was “completely unnecessary and uncalled for.”
The Court rejected the justification offered on behalf of the warden that the inmates had allegedly used abusive language. It held that even assuming that to be true, such conduct would not justify beating inmates after they had already dispersed and returned to their cells. The Bench also observed that the CCTV footage did not show any threat from the inmates during the second incident.
Although the State, on instructions from the warden, suggested that the inmates were found with a knife and a suwa, the Court said the footage did not support any immediate threat that could justify the renewed violence. The Bench cautioned the warden that unnecessary beating or violence against inmates is absolutely impermissible and warned that any repetition of such conduct would invite stern action from the Court.
The warden later tendered an unconditional apology and expressed regret for his conduct.
Separately, the Court considered the condition of the appellant-inmate, who was stated to be surrendering on the same day. The appellant’s counsel informed the Bench that the prisoner did not have sufficient financial resources to undergo surgery for a fracture. Taking note of the status report, the Court directed that the appellant be examined by the concerned medical officer in jail and, if further treatment was required, that it be provided in a government hospital.
With these directions, the application was disposed of, while the main criminal appeal was listed for further consideration on December 15, 2026.
Bottom Line :
Jail administration - Use of force by jail staff against inmates - Once inmates had dispersed and returned to their cells, subsequent beating with danda by warden was held wholly unnecessary, uncalled for and impermissible - Court cautioned warden against repetition of such conduct and directed that appellant-inmate be medically examined and provided treatment in government hospital, if required.
Statutory provision(s):
No specific statutory provision expressly mentioned in the judgment.
Ashish Alies Vicky v. State of NCT of Delhi, (Delhi)(DB) : Law Finder Doc id # 2987645
