Court directs Rohini jail authorities to inquire into factum of extortion through payment gateway platform
Jul 28, 2023
New Delhi [India], July 28 : A Delhi court on Thursday directed Rohini Jail authorities to inquire into the factum of payment of extortion money to one prison official through the payment gateway platform Paytm.
The court gave direction after taking note of screenshots of the payment conducted through the payment platform placed before the court. The court has also called the CCTV footage of the concerned jail.
These directions have been given on the application moved on behalf of gangster Praveen Yadav. It has been alleged that one jail official has been threatening Yadav to extort money from him.
The judge after taking note of the screenshot filed by the counsel of the applicant, expressed dissatisfaction with the inquiry conducted in the matter.
Metropolitan magistrate Himanshu Sehlot passed the directions but rejected the apprehension of the applicant.
The court said that in view of the submissions recorded and observations made, this court is of the view that the inquiry has been conducted by an independent authority since the same has been marked to a different Jail Superintendent.
"Therefore, the court does not find merit to the apprehension raised by the applicant. The accused has also been transferred from an earlier prison facility," the court said.
However, the court agreed with the submissions that the allegations of extortion have not been properly inquired into.
"But this court is in agreement with the applicant that the allegations with respect to the extortion have not been properly inquired into, considering the screenshots filed today and the absence of the statements mentioned therein."
Therefore in light of the observations, this court deems it fit to direct the jail officials in terms of the order dated May 17, 2023, to get the factum verified along with the direction to furnish CCTV footage in a sealed envelope, order dated May 25, 2023, as learned. ASJ Dwarka Courts and relevant prison rules, the court directed on July 26.
Advocate Rishab Jain, Counsel for the applicant has furnished screenshots of the alleged transaction between the applicant and the Jail Authorities.
It was submitted that as per the instructions, the said screenshots were already provided to the Jail Authorities but the report is intentionally silent about the same.
He also submitted that the report filed on July 15, 2023, is vague and evasive in nature.
"The report is silent on the aspect of extortion. It is, therefore, prayed that an independent inquiry be conducted to verify the allegations", the counsel argued.
He also brought to the notice of the court the application which stated that there is a strong apprehension that the findings in the report are managed in order to save the Jail Officials and therefore he requests for inquiry and filing of the report under the signatures of DG Prisons.
On the other hand, the Law Officer submitted that the inquiry has been conducted pursuant to the orders of this court wherein the DlG (Prisons) had marked the inquiry to the Superintendent, Mandoli Jail (now superintendent CJ-01 Tihar) and therefore the apprehension of the applicant are ill-founded.
It was further submitted that statements of the applicant, alleged erring officials along with statements of independent witnesses have also been taken.
It was submitted that no such proof of payment has ever been submitted to the Jail Authorities.
The court on July 14, directed Rohini Jail Superintendent to ensure the safety and security of a gangster lodged in the prison in view of the threat by the jail staff to kill him. He sought a direction for ensuring his safety and security and registration of FIR.
It is alleged that the gangster is receiving threats as he had filed a complaint against an official and jail staff alleging that they were extorting protection money from him and his family members. Family members paid money to the officer through Paytm.
The court had directed the jail superintendent to ensure the safety and security of the accused gangster Praveen Yadav.
It has been alleged by the accused Praveen Yadav that the officials of Rohini jail are extorting the money from him and his family as Protection Money and now, he is being threatened to be murdered under the conspiracy hatched by an Assistant Jail superintendent, Rohini Jail, Delhi and other with the intention as the applicant filed a complaint against their illegal act.
Accused Praveen Yadav alias Model filed an application through advocate Rishabh Jain on May 17, 2023, alleging that an Assistant Jail superintendent, Rohini Jail, Delhi has extended threats and in lieu of providing protection, the officer extorted the money from the family members of the accused/ applicant in the tune of Rs. 5,000, Rs. 17,000, Rs. 10,000 through Paytm.
The court on 17.05.2023, while considering the issue of extorting money from the accused and his family members, had issued a direction to DIG Prisons to conduct the inquiry and to submit the report on 05.07.2023, the application stated.
It was submitted by the counsel that on 05.07.2023, an Interim report was received from the office of Superintendent-ii, DG (Prisons) and further time of four weeks was sought for conducting the inquiry and filling the report.
It was also submitted by the applicant submitted before the court that he is been pressurized by the Jail Officials to withdraw the complaint levelled by the applicant.
After hearing the submissions on behalf of the applicant, the court requested the office of DG (Prisons) to expedite the inquiry and to file the report within two weeks.
It was further submitted by the counsel that on July 13, 2023, the wife of the applicant visited the Rohini Jail to meet him. He told his wife that one Assistant Jail superintendent, Rohini Jail, Delhi called him at his office and threatened the applicant while using the parliamentary language.
The officer also threatened the applicant for not withdrawing his complaint. The officer threatened the applicant to send him to another jail where the members of rival gangs are lodged, and they will kill the applicant, the counsel argued.
It was also stated in the application that in an FIR, P.S Special Cell, the applicant had moved an application before the concerned court.
He had submitted that his name is been linked with the rival gang of Neeraj Bawania and others, in case, the accused is kept in Tihar Jail, then the safety of the applicant may be compromised.
After considering the submissions of the applicant, the court directed the Superintendent to ensure the safety of the accused and to take necessary actions as per rule.
Praveen Yadav has several cases against him under section related to murder, attempt to murder, extortion, etc.