Delhi HC orders MHA probe into detention centre violence

The Delhi High Court has directed the Ministry of Home Affairs (MHA) to conduct an inquiry and initiate an investigation if required, into a reported incident of violence at a detention centre in Narela’s Lampur area, after various government agencies failed to take responsibility for managing the CCTV footage of the event.

Justice Girish Kathpalia passed the direction while hearing bail applications of two foreign nationals, detained at the Seva Sadan detention centre, who had been accused of assaulting a guard by twisting his arm during an alleged scuffle. The Court expressed concern over the contradictory statements from authorities regarding who controlled access to the CCTV system.

“It is quite surprising that footage of the CCTV cameras installed at the detention centre is being withheld from the investigator. The Department of Social Welfare alleges that the CCTV is manned by the CRPF; the CRPF says it’s under the FRRO; and the FRRO blames the Department of Social Welfare,” the Court observed, calling out the blatant confusion and bureaucratic buck-passing.

Justice Kathpalia also flagged the lack of visual evidence, despite multiple adjournments, stating that the prosecution had failed to produce any legally admissible CCTV footage of the alleged incident.

The incident involved nine detainees. While two were apprehended on the spot, the remaining seven had fled. Of those, six were subsequently caught, but one remains absconding. The Court, however, raised concerns about the credibility of the case, asking the prosecution to clarify whether the alleged violence was possibly being fabricated to prevent the deportation of the foreign nationals.

“This Court had sought submissions from the prosecution to rule out the possibility that the incident was staged to help the detainees avoid deportation,” Justice Kathpalia noted in his order.

Granting bail to the two accused, the Court directed that they be returned to the detention centre, since neither possessed a valid passport or visa. It also accepted the prosecution’s submission that the Chief Secretary of the Delhi Government or the Secretary of the Ministry of Home Affairs would be the appropriate authority to conduct an inquiry.

Accordingly, the Court has forwarded a copy of the order to the Secretary, Ministry of Home Affairs, directing that an inquiry and, if warranted, a full investigation be initiated under law.