Plea Before Delhi HC Seeks Rs 98 Crore Damages from Delhi Police and Tihar Jail for Alleged Cruelty to Person with Disability

A petition has been filed before the Delhi High Court seeking ₹98 crore in damages from the Delhi Police and Tihar Jail authorities for their alleged “cruel and inhuman treatment” of a person with disability during arrest and custody.

The plea, moved by Vikas Gupta, a 44-year-old entrepreneur affected by polio, alleges that he was illegally arrested and subjected to physical and mental cruelty in violation of his rights under Articles 14, 19 and 21 of the Constitution and the Rights of Persons with Disabilities (RPwD) Act, 2016.

In his plea, Gupta has sought ₹49 crore each from Delhi Police and Tihar Jail, alleging inhuman and discriminatory treatment that destroyed his goodwill, aggravated his disability and violated his dignity.

Gupta, who has a permanent locomotor disability affecting both lower limbs, claims he was dragged from his home without a notice of appearance under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and forced to spend nights on the floor of a police lock-up and later a Tihar Jail barrack without access to a wheelchair, bed, or disabled-friendly toilet.

“The petitioner was locked up inside the police station alone on the floor with callipers. When he demanded toilet facilities or sitting support, he was laughed at. Despite fully knowing the petitioner’s physical state, the police put him at risk of physical harm, denied basic rights and aggravated his already fragile condition,” the petition states, while also alleging that jail staff demanded money from Gupta for access to basic amenities.

Gupta has sought directions to the Centre, Delhi Police and the Director General of Prisons to frame Standard Operating Procedures (SOPs) for the arrest, detention and custodial care of persons with disabilities, ensuring compliance with the RPwD Act, 2016 and India’s obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The plea also prays for systemic reforms within the newly enacted Bharatiya Nyaya Sanhita (BNS) to make investigation and prison processes disability-inclusive.

According to the petition, an FIR was registered at Dwarka South Police Station under Sections 420, 406 and 34 of the IPC on a private complaint alleging cheating and criminal breach of trust. Gupta contends that the dispute was purely commercial, arising out of a stockist agreement, and that multiple similar complaints had earlier been closed as civil in nature. He claims the Dwarka South case was “revived to harass him” and that his arrest violated the Supreme Court’s ruling in Arnesh Kumar v. State of Bihar (2014), which requires notice and recorded reasons before detention in offences punishable by up to seven years.

It further claims that investigators pressured Gupta to sign blank or pre-typed forms and that, acting at the instance of the complainant, police officials humiliated and harassed him to extract undue payments.

Between April and May 2025, Gupta made representations to the Commissioner of Police, DG Prisons, and the Ministries of Home Affairs, Law & Justice, and Social Justice, but “no inquiry or corrective step” followed.

Arguing that the incident reflects “systemic apathy towards disabled citizens in conflict with law,” the petition calls for judicial recognition that accessibility and dignity are integral to Article 21. It adds:

“The denial of basic rights to disabled citizens in custody diminishes public trust in the justice and governance system. Despite progressive legislation and judicial pronouncements, lack of institutional implementation continues to make custodial environments hostile and degrading for persons with disabilities. The Hon’ble Court’s intervention is critical not only for redressal in this case, but for ensuring systemic correction across the country. Immediate structural reforms and binding guidelines must be put in place to secure the dignity, equality and protection of persons with disabilities in all custodial and arrest situations,” the plea added.

Case Title: VIKAS GUPTA VERSUS STATE & ORS.

Date: 6 October 2025

Hearing: Expected