Court affirmatively endorses imprisonment of jail administrator for assisting in breakout attempt by captive
In a significant ruling, the Supreme Court of India has upheld the conviction of Gurdeep Singh, a former Assistant Superintendent of Jail in Punjab's Ludhiana, for conspiring to help an undertrial prisoner escape from custody. The Court found that Singh's actions amounted to a serious breach of public trust and integrity expected from custodial officers.
The incident occurred on November 30, 2010, when Singh was accompanying two head constables escorting an undertrial prisoner to Talwandi Sabo Court. The officer suggested returning in a private Qualis instead of the police car, and during the journey, two persons in the rear of the vehicle threw red chilli powder into the eyes of the escorting officers and attacked them with a knife and a kirpan. Despite the scuffle, the prisoner could not escape since he was handcuffed and chained to one of the head constable's belts.
The trial court found in 2014 that Singh had arranged the private vehicle, ensured the stop at an isolated location, failed to protect the escorts, and absconded after the assault. The High Court upheld the verdict in 2023, prompting Singh to move the Supreme Court.
The Court's ruling can be read in the judgment, which was delivered by a bench comprising Justices P.S. Narasimha and R. Mahadevan. The judgment emphasised the heightened responsibility of custodial officers and the necessity for them to adhere to the highest standards of integrity.
The Court stated that any deviation from these standards amounts to legal delinquency and a grave institutional and moral breach. It unanimously condemned Singh’s conduct as a serious breach of public trust and integrity expected from custodial officers. The Court rejected the defense argument that no overt act was committed, stating that the agreement to conspire itself constitutes the offense under Section 120B IPC.
The conviction was based on the concurrent findings of the Sessions Court and the Punjab and Haryana High Court. The Court found evidence in Singh's deliberate inaction, lack of injuries, and disappearance from the scene, which were taken as evidence of his active role in the escape plan.
In a constitutional democracy, custodial officers must adhere to the highest standards of integrity. Such offences are seldom proved by direct evidence and must usually be established through inferences drawn from the conduct of the accused and surrounding circumstances. The Court's ruling serves as a reminder of the importance of upholding the rule of law and the high standards expected of custodial officers.
The State was represented by advocates Karan Sharma, Mohit Siwach, and Chetan Manchanda, while M/S Delhi Law Chambers, along with advocates AK Walia and Debjani Das Purkayastha, represented the accused. The Court ordered that Singh be taken into custody immediately to serve the remaining term as imposed by the trial and affirmed by the High Court.
[1] The Times of India
[2] Indian Express
[3] Hindustan Times
[4] The Hindu
[5] Live Law
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