New Delhi [India], April 24 (ANI): While deciding the application moved by accused Christian Michel James, Rouse Avenue District Court rapped the jail authorities over keeping him near a gangster in the same ward. The court stated that the jail authorities should act humanely, as the incident occurred within the jail, which would bring a bad name to the country.
Special judge Sanjeev Aggarwal took the report filed by the jail authorities on record, which stated that there is no threat to Christian Michel James.
Tihar Jail superintendent appeared before the court and filed a report. It is stated that there is no threat to Christian Michel James’ life.
During the hearing, an inquiry report was also filed, which was conducted in 2019 after the alleged life attempts on Jamesh. An inquiry was initiated following an email recieved from the British High Commission.
While deciding the application of Christian Michel James, the court said that Christian Michel James should not have been kept with a desperate criminal, Shahnawaz, who has 9 cases of extortion, Gunda Act etc.
This brings a bad name to the country. Jail authorities should act humanel.
The court also gave the example of Ankit Gujjar’s murder in Tihar Jail over non-payment of extortion. He also mentioned the Tillu Tajpuria murder case of Tihar Jail.
Special judge also mentioned the UK court judgement in Sanjay Bhandari’s Extradition request, rejecting the same in view of the circumstances in the Indian Jail.
At the outset, two reports were filed by the Superintendent of Jail Number 1, Tihar.
He submitted that James was never kept with the accused Shahnawaz.
These reports have been filed pursuant to court order asking the jail superintendent to appear personally and explain why Christian Michel James was kept with desperate criminal Shahnawaz in jail.
James said that there is some confusion. All cells are connected to the common area. We are sharing the common area.
His counsel advocate Aljo K Joseph submitted that at the time of the incident, out of 5 cells, 3 cells in the wards were empty.
The court asked, Is this common, shared by you and Shahnawaz?
The jail official also submitted that after the incident, the statement of Christian Michel James was also recorded by the Deputy Director General.
I was called to the jail office. I told them that there were two attempts of murder, James told the court.
Had you reported the matter and filed a criminal case? The court asked.
The Embassy had issued a letter of concern, James told the court.
The court said that Shahnawaz is a desperate criminal with 9 cases against him. He has been punished 41 times. Is it correct to keep such a criminal with James? The court asked.
He was kept in a high-security ward. Every criminal in high security has their cases like terrorism and other heinous crimes.
Is it safe to keep him with a desperate criminal? the court asked. Ankit Gujjar’s case gave you a bad name. Sanjay Bhandari’s case gave you an international bad name, a special judge orally remarked.
“Why do you keep such a sensitive prisoner (James) with a desperate criminal? He is under trial for money laundering, the judge asked. You should be humane,” he added. This gives a bad name to the country, he added.
James said that there are always one or three people in the isolation cell. “One morning after I had requested the court to move him he (Shahnawaz) was always high on cannabis, he used to smoke it, its reported. It went on every night, he said.
The judge said that the Jail authority is saying you did not report it at that time.
“He made attempts to kill me. I was scared after coming back that Shahnawaz would attack me,” James submitted. There was concern from the embassy at the time.
He is saying that he was kept in the isolation ward, the court said.
The officer submitted that there is no isolation ward in Delhi prisons in the first place.
The Court said, “Why were you keeping such an undertrial with such a person with past cases. You should have humane conduct. You can’t keep hardened criminals with him. He is accused of money laundering and is yet to be proven guilty.”
The court, after perusing the report, said I think you (James) are safe now.
The court noted that the Report has been filed on behalf of the Jail Superintendent. The nominal role of the accused, Shahnawaz, was lodged in the adjoining cell of a high-security jail.
From which it appears that Shahnawaz is facing trial in as many as nine cases, which are pending in Uttar Pradesh. He has been given punishment 41 times by jail authorities. After the alleged issue in 2019, the court noted.
An inquiry report has also been filed, which was undertaken after an email from the British High Commission. The detailed inquiry was undertaken, and it was concluded that there is no life threat to Christian Michel James. (ANI)
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