Email | query@jkbarassociation.com

2016…. Jammu Jail Visit

Visit us on : www.jkbarassociation.com
Annual Jail Visit of Jails in Jammu Province
Conducted by a team of lawyers from the
High Court Bar Association
27th January 2016

A team of lawyers of the High Court Bar Association visited the Central Jail Kotebalwal Jammu, District Jail Ambphala Jammu, District Jail Udhampur, District Jail Kathua and District Jail Hira Nagar on 27th-28th January 2016. The visit was conducted in pursuance of the orders of the Honble High Court passed on 28.12.2015, in CMP No: 01/2015 filed in OWP No: 767/2006, case titled J&K High Court Bar Association vs State of J&K & Ors. The public Interest petition was filed in the year 2006 .

And in pursuance of the decision taken in the executive meeting of High Court Bar Association, various teams were formed for visiting the various Jails of State, 6 members team comprising of Vice President, Ajaz Bedar, Joint Secretary, Anwar-ul-Islam Shaheen, Hakim Hamid Shafi, treasurer and Executive Members, Arshid Andrabi, Mohammad Ashraf Bhat, Manzoor Ahmad Dar, Mohammad Shafi Reshi, Bilal Ahmad Wani.

At Jammu, the said team was divided into two parts, one team comprising of Anwar ul Islam Shaheen, Mazoor Ahmad Dar, Mohammad Shafi Reshi and Bilal Ahmad Wani visited District Jail Kuthua, Sub Jail Hira Nagar and another team comprising of Ajaz Bedar Mohammad Ashraf Bhat, Hakim Hamid Shafi and Arshid Andrabi visited Central Jail Kotbalwal and District Jail Amphala. Besides this, all the above mentioned members visited District Jail Udhampur except Manzoor Ahmad Dar and Mohammad Shafi Reshi. The instant report is being submitted regarding the jail visit of District Jail Kuthua, Sub Jail Heera Nagar and District Jauil Udhampur. The team comprising of Anwar ul Islam Shaheen, Manzoor Ahmad Dar, Mohammad Sahfi Reshi, And Bilal Ahmad Wani visited the District Jail Kuthua on 27th of JAnuary, 2016.

In Kathua jail, the total number of inmates is 98 among them 95 are male, 03 are female. MAjid Maqbool Bhat S/o Mohammad Maqbool Bhat R/o Asathan Mohalla Redwani Bala Qaimoh Kulgam, Showkat Ahmad Dar S/o Mohammd YAqoob Dar R/o Gafbal Qaimoh Kulgam, Neelam Jahangir Shah S/o Gh. Rasool Shah R/o Kakapora R/o Pulwama, Fayaz Ahmad Rather S/o Gh. Hassan Rather R/o Bugam Kulgam who were detained at Distrcit Jail Kathua have been shifted to central jail for examination purposes. Two foreign militants are also detained at District Jail Kathua one among them is facing trial at Pulwama.

DISTRICT JAIL UDHAMPUR
ON 28th of January, 2016, both the teams comprising of Ajaz Bedar, Mohammad Ashraf Bhat, Anwar-ul-Islam Shaheen, Arshad Andrabi, Hakim Hamid Shafi, and Bilal Ahmad Wani visited District Jail Udhampur.
That one of the undertrials Mumtaz Ahmad S/o Haleem R/o Gool Ramban stated that he was arrested in 2008 and was released for a brief period in 2014 and awa rearrested on 31-08-2015. He further stated that he is facing trial in two FIR’s in one he is facing trial in section 307 RPC and in another Fir under section 436 RPC. Despite more than seven months behind bar is still without any cpounsel who could bail him, out in these offneces. Mumtaz Ahmad further stated he could not arrange fee for counsel as he is very poor and has no means to pay the fee. Mumtaz Ahmad is of 35 years age and has two sons three daughters and wife. Till date he has been acquitted in 12 cases. He further stated that he suffering kidney disease. He stated that dinner is served them at 4 O’ clock which hard to digest after few hour and could arrange for its heating as he has arrange for coals from his own pocket.
2. Bashir Ahmad Dar S/o Late Mohammad Nawab R/o Saidpora Sopore stated that he had earlier severed two detentions simultaneouslyfrom 2009 to 2011 and has been acquitted in one case. He was recently rearrested from his home and is facing trial at 3rd Additional court Srinagar.
3. Nissar Ahmad S/o Mohammad Shafi R/o Cah Nadi Banihgal Ramban is illetrate and labour by profession stated that he facing trial under ingress egrees Act and is in jail since june 2014.
4. Khursheed Ahmad S/o Shafi R/o Doda Marmath village Dedri stated that he is in detention from 2011 and is facing trial in 12 cases four at Udhampur and 8 at sessions court Doda, the grievance of Khursheed Ahmad was that they taken late to the court and when they reach court the case is already taken up and adjourned without any effective proceedings. Khursheed Ahmad further stated that he has filed an application under RTI requesting the concerned authorties to show in how many cases are pending against him. In reply to his application it has been stated that total 13 cases are registered against him in 9 cases he is facing trial and in 4 cases proceeding under section 512 of Crpc has initiated. It is strange that despite being in the custody of police he is shown absconding and trial has been initiated in his absence. He further stated that he is not been provided adequate medical facility as he suffering numerous health problems such as hearing, stomach and eye sight problem. He stated that he already requested a team which was headed by district judge Udhampur regarding the same but nothing was done to enhance the facilities as provided under jail manual.

1. Central Jail Kote Balwal Jammu ,

This jail is having a capacity to take 900 prisoners. The Superintendent in this Jail is Mr Dinesh Sharma who is cooperative and helpful by nature .He can be accessed on M.No: 7298707199. On the date of visit the following position was shown
S.No Category Male Female Total

1. Convicts R.I C/L 145 65 150
2. Convicts R.I Mili 08 00 08
3. Convicts S.I … 10 03 13
4. Convicts Civil 00 00 00
5. Under trials C/L 122 18 140
6. Under trials Mili 18 00 18
7. Detenues C/L 23 01 24
8. Detenues Mili 03 00 03
9. Condemned C/L 06 00 06
10. Condemned Mili 00 00 00
11. Juveniles C/L 00 00 00
12. Juveniles Mili 00 00 00
13. Civil Prisoners 00 00 00
. Total 335 27 362..

Foreigners
S.No Category Male Female Total

1. Convicts R.I C/L 06 00 06
2. Convicts R.I Mili 05 00 05
3. Convicts S.I … 01 01 01
4. Under trials C/L 02 00 02
5. Under trials Mili 04 00 04
6. Detenues C/L 03 01 04
7. Detenues Mili 01 00 01
8. Condemned Mili 00 00 00
9. Juveniles C/L 00 00 00
10. Juveniles Mili 00 00 00
Total 22 02 24..

The visiting team had interaction with the inmates after seeking a list of prisoners from the Jail officials .
1. The first name in the list of detenues as on 31.12.2015 was that of Masarat
Alam Bhat who was consecutively booked under J&K Public Safety Act in
violation of the law and norms of individual liberty accepted under
International law. An entry in ink shows that he has been released on 6th
January 2016 from detention ,but the fact of the matter is that he is not set free
by the authorities and is still under incarceration in some detention centre.
2. Tariq Ahmad Bhat, 20 S/o Bashir Ahmad Bhat R/o Redwani , The:Qaimoh , Distt: Kulgam is shown in custody since 21.1.2015 under J&K PSA for a period of six months . He has been detained under the orders issued by D.M. Anantnag vide Order No: 7/DMA/PSA/Det/2015 dt: 26.11.2105.He is a student of B.A 2nd Year. He believes that his detention has been made at the behest of local politicians and is innocent. He has requested Jail authorities to arrange an X-Ray of his chest /abodomen and requires medical aid and attention. He has already filed a petition in the J&K High Court .
3. Umar Ali Sheikh – 19 S/o Ali Mohammad Sheikh R/o Khandi Pahari ,Harnag District Anantnag is also detained under J&K PSA under the orders issued by D.M. Anantnag vide Order No: 10/DMA/PSA/Det/2015 dt: 26.11.2105.He is a mason by profession and has studied in school upto 5th class. He has to support his family and is the only earning hand in family. There is already a case registered against him in P/s Kugam under Section 307 of RPC.He is lodged in Ward No:6 and cannot understand why an order under PSA has been slapped on him when he is facing trial under law of the land.
4. Mohammad Qasim-29, S/o Ali Mohammad Sheikh R/o Malhar, Billawar Kathua is an undertrial facing trial in case FIR No: 16/2005 P/s Malhar u/s 302 RPC & 7/25 IAA. He has remained under detention in various jails since his initial arrest on 27th September 2005. He has also obtained the degree of B.A while being under detention. He is facing trial in the court of Addl. Sessions Judge Kathua but the pace of trial is very slow. His case is at stage of recording of evidence and during the last eight years only eight witnesses out of 18 have been examined. His case is being conducted by Advocate Arvind Salathia. His problem is that besides the delays in court he is not being taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively.
5. Zakir Hussain -31, S/o Ali Mohammad R/o Malhar, Billawar Kathua is an undertrial facing trial in case FIR No: 16/2005 P/s Malhar u/s 302 RPC & 7/25 IAA along with con accused Mohammad Qasim . He states that he is also booked in two other FIR’s FIR No: 103/2005 in which he has been convicted for life by Sessions Judge Kathua. Now he is again facing trial in FIR No: 17/2005 u/s 307 RPC. He has remained under detention in various jails since his initial arrest on 28th September 2005 and is shown lodged in this jail since 31.01.2006. He is facing trial in the court of Addl. Sessions Judge Kathua but the pace of trial is very slow. His case is at stage of recording of evidence and during the last eight years only eight witnesses out of 18 have been examined. His case is being conducted by Advocate Tariq Ahmad Mughal . He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively.
6. Mohammad Aslam-28, S/o Mohammad Shafi R/o Basantgarh Udhampur , is an undertrial facing trial in case FIR No: 16/2005 P/s Malhar u/s 302 RPC & 7/25 IAA along with con accused Mohammad Qasim and Zakir Hussain. He has remained under detention in various jails since his initial arrest in the month of September 2005 and is shown lodged in this jail since 22.02.2006. Passed his 10+2 examination in jail. He is facing trial in the court of Addl. Sessions Judge Kathua but the pace of trial is very slow. His case is at stage of recording of evidence and during the last eight years only eight witnesses out of 18 have been examined. His case is being conducted by Advocate Arvind Salathia . He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
7. Shafqat Mohiuddin –38 @ Shaukat Kuchay S/o Gh Mohiuddin R/o Kulgam is is an undertrial facing trial in case FIR No: 07/2011 P/s Janipur u/s 120-B R/w UA [P] Act He has remained in detention in this jails since his initial arrest on 16.09.2011. Passed his 8th class . He is facing trial in the court of 3rd Addl. Sessions Judge Jammu /TADA/NIA court. He states that the case has been transferred to NIA by the J&K Police when the NIA has no powers or jurisdiction to investigate cases registered under Ranbir Penal Code and are already being investigated and tried under J&K Cr.P.C. Not only this he has received a summons from Directorate of Enforcement asking him to make depositions in the same matter. This overlapping and overstepping of jurisdiction by various investigating agencies concurrently has seriously prejudiced his trial and his right to defend himself. Needs legal aid and wants the Bar Association to take up this legal issue in the High Court . His case is being conducted by Advocate Arvind Salathia and Ad Prince Khan . He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
8. Shahid Sheikh -30, S/o Sharief Sheikh R/o Sultan Ganj District Malda West Bengal is an undertrial facing trial in case FIR No: 7/2011 P/s Janipur u/s 489-B RPC , & 489-C RPC , r/w 120-B along with con accused 489-B RPC , Shafqat Mohiuddin , Mubarak Ahmad and Zakir Hussain . He has remained in detention in this jails since his initial arrest on 09.02.2012. Passed his 8th class . He is facing trial in the court of 3rd Addl. Sessions Judge Jammu /TADA/NIA court. He states that the case has been transferred to NIA by the J&K Police when the NIA has no powers or jurisdiction to investigate cases registered under Ranbir Penal Code and are already being investigated and tried under J&K Cr.P.C. Not only this he has received a summons from Directorate of Enforcement asking him to make depositions in the same matter. This overlapping and overstepping of jurisdiction by various investigating agencies concurrently has seriously prejudiced his trial and his right to defend himself. Needs legal aid and wants the Bar Association to take up this legal issue in the High Court . His case is being conducted by Advocate Arvind Salathia and Ad Prince Khan . He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
9. Mubarak Ahmad Bhat -30, S/o Mushtaq Ahmad R/o Shalipora Kulgam is an undertrial facing trial in case FIR No: 7/2011 P/s Janipur u/s 489-B RPC , r/w 120-B along with co accused , Shafqat Mohiuddin ,Shahid Sheikh and Zakir Hussain . Passed his 10+2 examination . He has been shown in detention in this jail since 28.04.2013. while he was already under arrest since 10.01.2011.. While he was facing trial in case FIR No: 09/2009 in P/s Kulgam u/s 307 , he has been shifted to this jail and is made to face this trial in the court of 3rd Addl. Sessions Judge Jammu /TADA/NIA court. There is no progress in the trial at Kulgam and since 2009 the case was listed on six dates and only two witnesses appeared so far. His case is being conducted by Adv Mohammad Shafi at Kulgam. He states that the case has been transferred to NIA by the J&K Police when the NIA has no owers or jurisdiction to investigate cases registered under Ranbir Penal Code and are already being investigated and tried under J&K Cr.P.C. Not only this he has received a summons from Directorate of Enforcement vide letter No: ECIR /01/SR20/2012 dt: 12.01.2016 issued under the signature of Ashiq Hussain Assistant Director Enforcement Rajbagh Srinagar and the language of the summons reads the reasons for his summons as , ‘ To ascertain hi role in FICN racket and seek details of properties held by him. This overlapping and overstepping of jurisdiction by various investigating agencies concurrently has seriously prejudiced his trial and his right to defend himself. Needs legal aid and wants the Bar Association to take up this legal issue in the High Court . His case is being conducted by Advocate Prince Khannna . He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
10. Zakir Hussain -25, S/o Azhar Hussain R/o kalichack District Malda West Bengal is an undertrial facing trial in case FIR No: 7/2011 P/s Janipur u/s 489-B RPC , r/w 120-B RPC along with con accused 489-B RPC , Shafqat Mohiuddin , Shahid Sheikh and Mubarak Ahmad . He has remained in detention in this jails since his initial arrest on 28.04.2013 . Passed his 5th class only . He is facing trial in the court of 3rd Addl. Sessions Judge Jammu /TADA/NIA court. He states that the case has been transferred to NIA by the J&K Police when the NIA has no powers or jurisdiction to investigate cases registered under Ranbir Penal Code and are already being investigated and tried under J&K Cr.P.C. Needs legal aid and wants the Bar Association to take up this legal issue in the High Court . His case is being conducted by Advocate Prince Khan. He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
11. Farooq Ahmad -40, S/o Abdul Rashid Sheikh R/o Basti Bhaderwah is a matriculate and is under detention for the last seven years. He has been booked by P/s Bhaderwah u/s 302 RPC & 7/25 AA. He has been already acquitted in seven criminal cases of similar nature for want of evidence. The jail record shows his involvement in two cases FIR No: 2/2001 and FIR No: 222/2000 P/s Bhaderwah u/s 302 RPC & 7/25 IAA. His cases are being conducted by Ad Aslam Goni and he has filed an Cr.T.A before the Hon’ble High Court and want his shifting to Srinagar Central Jail so that his family can feel a slight relief in their meetings after opening of Kihstwar-Sinthan Road. He also cites the problem of judicial delay and complains that he is not taken to court regularly on due dates. He is not getting legal aid from state despite being in need of the same. Needs adequate legal aid and wants High Court to intervene and pass appropriate directions to regulate his trial effectively. Suggestion for making Telephone facility available to inmates which would help to communicate with family.
12. Mohammad Abbas -35 , S/o Mohammad Afzal R/o Sigdi Sari Chatroo Kishtwar is an illiterate person who is shown booked in FIR No: 20/2006 u/s 302 RPC P/s Chattroo. His trial is being conducted in the court of Sessions Judge Kishtwar. The lodgement in this jail has prejudiced his trial and caused in convenience to his family. He has two children aging 10 and 8 yrs besides his wife and parents who have to travel all along to meet him Jammu. Wants shifting to District jail Kishtwar , Bhaderwah or Central Jail Srinagar.
13. Khurshid Ahmad Bhat -36, S/o Gh Mohammad Bhat R/o Charsoo, Batpora Pulwama, is shown to be booked in case RC 08/2015 /NIA /DLI u/s 120-B/302/307 RPC, 7/27 IAA and 15/16 ULA[P]Act P/s NIA . His qualification in shown as 10th standard. He is shown to be under arrest since 27.8.2015. He states that he was arrested in the month of June and kept in various interrogation and detention centres where he was harassed and tortured mentally and physically. The case is being investigated by NIA and Challan is yet to be produced. The case is likely to be tried before 3rd Addl Sessions Judge Jammu and not before NIA court Srinagar which is the court having jurisdiction for cases arising from Kashmir Division. Besides the jurisdiction of NIA to try cases registered in police stations in J&K under RPC is a legal issue having far reaching consequences.
14. Shaukat Ahmad Bhat-36, S/o Ali Mohammad Bhat R/o Khadermoh Pulwama is also shown booked in i n case RC 08/2015 /NIA /DLI u/s 120-B/302/307 RPC, 7/27 IAA and 15/16 ULA[P]Act P/s NIA . His qualification in shown as 5th standard. He is a family shown to be under arrest since 12.09.2015. He stated that he was arrested on 10.6.2015 and was already in custody of police when the alleged occurrence has taken place in Udhampur. He had already informed the police[S.P. Pulwama] that his Tipper/Truck was taken by some unknown persons without any authority. But this aspect was not considered during the investigation and he has been falsely implicated in the case. He was tortured and harassed by SOG ,taken to interrogation in Cargo center for 15 days, 10 days at Kakpora and after a prolonged period of unaccounted for period of illegal detention has been kept in this jail. He has shown unawareness about the case in which he was detained . No chalan has been filed so far in the case. Apprehends prolonged detention without any progress in investigation and the trial which is yet to take off. Requests for adequate legal aid and help. Question of jurisdiction of NIA is cases registered in Police Stations in J&K under the provisions of RPC in involved in this case also.
15. Sabzar Ahmad Bhat-36, S/o Abdul Rashid Bhat R/o Khadermoh Pulwama is also shown booked in i n case RC 08/2015 /NIA /DLI u/s 120-B/302/307 RPC, 7/27 IAA and 15/16 ULA[P]Act P/s NIA . His qualification in shown as 10th standard. His trial is going on before 3rd Addl Sessions Judge Jammu. He is shown to be under arrest since 20.10.2015.
16. Fayaz Ahmad Itoo -35, S/o Abdul Rehman Itoo R/o Kharwani Tehsil & District Kulgam is also shown booked in i n case RC 08/2015 /NIA /DLI u/s 120-B/302/307 RPC, 7/27 IAA and 15/16 ULA[P]Act P/s NIA . His is an illiterate person , who is shown to have been under arrest since 24.11.2015. He states that he has a family responsibility of supporting his parents, 4 unmarried sisters wife and two infant children. He states that was arrested much before the date shown in records and was taken to various destinations in custody and kept in various interrogation and detention centres where he was harassed and tortured mentally and physically. The case is being investigated by NIA and Challan is yet to be produced. The case is likely to be tried before 3rd Addl Sessions Judge Jammu and not before NIA court Srinagar which is the court having jurisdiction for cases arising from Kashmir Division. Besides the jurisdiction of NIA to try cases registered in police stations in J&K under RPC is a legal issue having far reaching consequences. His lodgement three hundred kilometres away has prevented his family members to come to meet him. Needs legal aid and telephonic facilities to communicate with family.
17. Khurshid Ahmad Itoo S/o Mohammad Amin Itoo ffr R/o Qaimoh Tehsil & District Kulgam is also shown booked in i n case RC 08/2015 /NIA /DLI u/s 120-B/302/307 RPC, 7/27 IAA and 15/16 ULA[P]Act P/s NIA . His qualification in shown as 11th standard. His trial is going on before 3rd Addl Sessions Judge Jammu. He is shown to be under arrest since 24.11.2015. He has expressed similar apprehensions about the bona fide of the investigation and delay in filing challan in the case by NIA in the court. The same questions of jurisdiction arise in his case also and the legal position in the matter is yet to be determined by the State and the Courts of law.
18. Shabir Ahmad Malik S/o Late Abdul Ahad Malik R/o Nagbal Tral aged 22yrs and is a Matric pass arrested by the SOG Jammu 2 Months before at Bathinde and is shown to be booked in case FIR No: 281/2015 P/s Bahu Forte Jammu and is booked u/ss 120-B/121,212 RPC, 13/15/18 ULA Act and &7/25 I.A. Act. The challan of the case has not been produced yet. He is in need of legal aid as he has not been able to arrange any lawyer so far. He has shown unawareness about the allegations levelled against him and wants legal help . He also wants help for arranging interview of family as he is only bread earning member in the family who has to support his mother,sister and younger brother. He sees a dark and unending future for him where there is little hope of justice for him.
19. Abdul Wahid -35 , S/o Ahmadulla R/o Tachi Chambal Tehsil Banihal District Ramban is a convict who has been sentenced to life imprisonment by Sessions Judge Ramban for offences u/s 302 RPC and 72[2] Arms Act. He has already undergone 13 years in imprisonment. He has filed application for grant of parole and premature release but so far has achieved no success. His case was conducted by Advocate Tassaduq Malik. His appeal against conviction is pending before the High Court. Wants legal aid and help to seek premature release or release on parole.
20. Tariq Matoo -40, S/o Gh Nabi Mattoo R/ Soti, Tehsil Gandoh , District –Doda is also a life convict who has been sentenced to life imprisonment and fine of Rs 5,000/- or two months imprisonment by Sessions Judge Reasi , for offences u/s 302 RPC. He has already undergone 13 years in imprisonment. He has filed application for grant of parole and premature release but so far has achieved no success. His appeal against conviction is pending before the High Court and could not be heard for want of a bench Ad Sudharshan Dharma from Kishtwar is conducitng his case. The decisions passed in case of State vs Irfan Ali Khan in FIR No: 57.2002 decided on 04.06.2014 is causing hindrance in his case for which he needs expert legal advice and help. Wants legal aid and help to seek premature release or release on parole.
21. Abdul Rashid -31 , S/o Abdul Majid R/o Challad Tehsil Mahore, District Reasi is also convicted for life + Rs 15,000/- or six months imprisonment by Sessions Judge Reasi , for offences u/s 302/307 RPC 7/25 IAA. H Rs 5,000/- or two months imprisonment. He has already undergone 18 years in imprisonment and qualifies for being considered for per mature release or on parole. . He has filed application for grant of parole and premature release but so far has achieved no success. In his appeal against conviction his death sentence was converted into life imprisonment by the High Court. Wants legal aid and help to seek premature release or release on parole.
22. Asif Khan -38, S/o Mohammad Sharief R/o Chaher Bazar , Rawalkote, PAK is presently lodged in Kote Balwal Jail under Order No: Home/PB-V/1123/2015 dt: 23.09.2015 issued under Section 8(1) of J&K PSA for a period of six month to regulate his presence in the state . The period starts form 28.9.2015 and as per the jail records he is to be released on 27.3.2016 . Earlier he has undergone a period of two years under J&K PSA four times on the same grounds. He has also undergone the ordeals of a full dressed trial in the criminal /trial court in FIR No: 157/2004 for offences Foreigners Act and after undergoing a period of five years was acquitted by the court in the year 2013. The Appeal filed by the State was also dismissed on 23.12.2015 . However he continued to be in prison and was shown to be booked in FIR No: 139/2006 in P/s Badherwah u/ss 486, 471 and 121-A. By now he has spent 12 years in jail as an undertrial and now as a detenue udner PSA to regulate his presence in the state. This a typical case of abuse of process of court and violation of International law and applicable norms for which every state is bound to comply. The prisoner can be sent back to his home place using the good offices of ICRC . The prisoner belongs to the other part of the state and is a hereditary state subject entitled to certain privileges and treatment under local laws. The J&K IMCO regulates the fate of such cross over persons who are required to be pushed back to their native places. The continued detention for 12 years is a serious matter to be dealt by the authorities at International level.
23. Qurban Ali -30 , S/o Mullah Ahmad R/o Peer Ali Shah Suba Sind Pakistan is an under trial booked u/s 7/25 Arms Act and 4/5 ESA in FIR No: 7/2006 P/s Doda. He is reported to be an illiterate and is facing trial before Addl Sessions Judge Doda. Since no progress could be achieved in the trial since 2005 the Honble High Court in the year 2015 passed an order in OWP No: 148/2015 on 16.02.2015 directing the Trial Court to expedite the trial in FIR No: 07/2006 P/s Doda and conclude the same as early as possible. This is a typical example of judicial delay resulting in prolonged incarceration of persons in jails without any purpose
24. Zaffar Iqbal @Umar – 25, S/o Mohammad Yousuf R/o Tralkhal, District palendri PAK. Has read upto 12th standard. Has been in continuous detention since 2007 in various jails. Shown booked in FIR No: 103 /2007 P/s Janipur u/s 3 EAO. The records show his arrest in this case w.e.f : 05.11.2103. Facing Trial before Principal Sessions Judge Jammu. His trial has got stuck as his co-accused has moved the High court and records have been called by the High Court. He has engaged Ad. R.P.Sharma but has no contact with him. He needs legal aid and wants to engage some lawyer in High Court so that some progress is achieved in the Trial . Otherwise he sees no end to his prolonged incarceration .
25. Mohammad Naveed S/o Mohammad Yaqoob R/o Ghulam Mohammad Kookuabwala Faisalabad , Punjab Pakistan is shown to be booked in case RC 08/2015 /NIA /DLI u/s 302/307/120-B/121 RPC, 7/27 IAA 14 F.Act and 15/16 ULA[P]Act P/s NIA New Delhi . He is shown to be read upto 4th standard. He is shown to be under arrest since 26.8.2015. He states that he was arrested near Sarmoli Udhampur . He was taken to various interrogation and detention centres where he was tortured mentally and physically for 19 days. He narrates that he was given electric shocks, hanged upside down and live electric wire touched his private parts. The case is being investigated by NIA and Challan yet to be produced. The case is likely to be tried before 3rd Addl Sessions Judge Jammu . His conversation was not articulate .He wants services of a lawyer and requested for legal help.
26. Khalid Parvaiz @Javed -52, S/o Mohammad Ali R/o Tehsil Shakargarh District Narowal Sialkote is a convicted prisoner having been sentenced by the court of Pr.Sessions Judge Jammu for offences u/s 3 EAO ,368/363 RPC for a period of 10 years R.I + Fine of Rs 30,000/- or four years R.I. He has written an application to High Commission of Pakistan New Delhi which was forwarded by the Superintendent Central Jail Kotebalwal to Director General Prisons J&K who in turn forwarded the case to the Principal Secretary to Govt , Home Deptt J&K vide No: DS/FN/9301 dt: 20.11.2015 . In his application to Pakistan High Commission he has requested for help to arrange Rs 30,000/- to be paid as fine after completion of sentence of 10 years other wise the detenue will have to undergo a further period of four years in imprisonment as per the court order. The detenue also expressed his difficulty in case some money is sent to him from Pakistan through Money order/ Transfer the same may be allowed/ facilitated /deposited in the court as Fine amount. The foreign nationals and detenues expressed this general problem . Some applications have already been filed /forwarded to Human Rights Cell [Phone No: 92-51-9220581/319 Fax No: 92-51-9219516] , the Supreme Court of Pakistan who have registered the application of such detenues . Therefore some mechanism may be developed by the Governments of India and Pakistan to sort out the problems of such detainees.
27. Mohammad Nayeem Anwar -35 , S/o Mohammad Anwar Bhat R/o Ferozepur, Distt, Sheikhopora, Lahore Pakistan. Adv Manoj Kapur is conducting his case. He has been convicted and sentenced for life by the court of Sessions Judge Poonch for offences u/s 4/5 ESA 120-B RPC , 3/7/25 Arms Act and 14 F.Act. An appeal has been filed against the order of conviction . Progress of the Appeal is not known to him. Adv Ravinder Koul is his lawyer. He works in the mess in jail, but receives no remuneration for this work. He looks to be in aderanged position. Needs Rs 20,000/- for lawyer but cannot manage . Needs legal aid and advice.
28. Ghulam Fareed- 30, S/o Mohammad Shafi R/o Village Ropai PaK. He has been convicted and sentenced for life by the court of Sessions Judge Poonch for offences u/s 4/5 ESA 120-B RPC , 3/7/25 Arms Act and 14 F.Act. An appeal has been filed against the order of conviction by Adv Rameshwar P Sharma & Associates under Cr Appeal No: 78/2013 . Progress of the Appeal is not known to him. Adv Ravinder Koul is his lawyer. He works in the mess in jail, but receives no remuneration for this work. He looks to be in aderanged position. Needs Rs 20,000/- for lawyer but cannot manage . Needs legal aid and advice.
29. Mazhar Iqbal- 35, S/o Mohammad Razak R/o Bagoona Sharief Pakistan is presently shown to be detained under J&K PSA vide Order No: Home /PB-V/1126 /2015 dt: 23.09.2015 and as per records is to be released on 22.03.2016 . But due to lack of proper mechanism for deportation of such prisoners the detune is most likely to be detained for indefinite period making use of Section 8[i] of J&K PSA. The detenue is in a mentally deranged and in articulate condition and it is difficult to communicate with him. He has been already convicted under Foreigners Act for a period of 3 years by the court of CJM Jammu. He is only to be sent back to his native place. But for the lack of coordination between the countries such persons remain detained for longer periods of their life without any way out. The mandatory provisions of International law should come into play and such persons need to be returned to their families . In this connection the good offices of International committee of Red cross may be utilized .
30. Rubina W/o Noor Mohammad R/o Musa Colony Hyderabad Sindh Pakistan along with infant female child of 3 years- The detenue is also reported to have travelled to India alongwith his husband and infant female child on valid travel documents . But her husband abandoned her without giving her the travel documents. She was detained in State of Punjab near Amritsar and reportedly has remained in Amritsar Jail for sometime and was released after undergoing the period of punishment prescribed under Foreigners Act. Thereafter , she has come to the State of J&K where she was again detained being a foreign national . According to jail staff accompanying her , she was taken to broder post by P/s Kanhachak to be pushed back but this could not materialize because of her mental condition as she is not able to comprehend the problems completely and talks incoherently. She is in need of psychiatric consultation in the first instance and thereafter effective steps are needed for her push back/ repatriation/ travel to her native place alongwith her infant female child. IN this connection again the good offices of ICRC or human rights organizations in India and Pakistan are needed to be contacted and involved to solve the problem. She is presently detained under Order No: Home /PB-V/1134 /2015 dt: 24.09.2015. She is to be released on 28.3.2016 but it is feared that she will not be released for want of proper mechanism to deal with such case. The Hon’ble High Court has already issued effective directions to provide her psychiatric consultation and taking up the matter with concerned authorities for sending her to her native place.
31. Varinder Singh @kaka -23 S/o Bahadur Singh R/o Nepal A/p Shiv Nagar Udhampur The detenue is languishing in this jail in pursuance of order of detention issued under the provisions of J&K PSA Section 8[1][a] issued vide Order No: issued under the provisions of J&K PSA Section 8[1][a] issued vide Order No: PSA /2015/3864/ MDU /JC dt: 18.10.2015. According to him he has been picked up by police from the home of his uncle Om Bahadur. This was the aftermath of an incident when some Hindu youth attacked a Kashmiri Truck on the excuse that it was carrying bovine animals and were carrying these to Kashmir. The Truck was burned and the driver and conductor were also attacked and injured . According to detune he was not involved in the incident but was made a scape goat by the police as they could not date to arrest the local youth who were hostile and arrogant . He believes himself to be completely innocent in the matter and wants legal aid and help. Presently he is detained under J&K PSA and believes that he can prove his innocence in case a regular trial is conducted.
32. Shaebe Alam S/o Mohammad Kalu R/o FAkira Bazar Mandu Tehsil & Distt Burma is another humanitarian problem required to be dealt with compassion . He is a Rohingya Muslim who were displaced in Rangoon during atrocities on Muslims at the hands of local Budhists and are seeking refuge through out the length and breadth of the Sub continent. He was arrested in Jammu in the year 2014 and tried before the court of 3rd Addl Sessions Judge [Fast Track Court ] Jammu. After full dressed trial he has been acquitted by the court of his charges. But instead of taking steps for his deportation, the S.P Jammu has directed the SHO P/s Bus Stand to keep in the supervision of Superintendent District Jail Jammu, which means that he is incarcerated illegally without authority of law. Presently , the records show that he is detained in Kote Balwal Jail Jammu under Order No: Home /PB-V/1381 /2015 dt: 20.11.2015. Such cases are needed to be dealt under International humanitarian law and International Refugee law, but the respect ,dignity and liberty of an individual needs to be protected at all costs.

District Jail Ambphalla , Jammu

S.No Category Male Female Total

1. Convicts R.I C/L 60 00 60
2. Convicts R.I Mili 02 00 02
3. Convicts S.I … 11 00 11
4. Convicts Civil 01 00 01
5. Under trials C/L 362 00 362
6. Under trials Mili 65 00 65
7. Detenues C/L 11 00 11
8. Detenues Mili 00 00 00
9. Condemned C/L 06 00 06
10. Condemned Mili 01 00 01
11. Juveniles C/L 00 00 00
. Total 453 00 453

Foreigners
S.No Category Male Female Total

i. Convicts R.I C/L 00 00 00
ii. Convicts S.I 06 00 06
iii. Under trials C/L 10 00 10
iv. Under trials Mili 02 00 02
v. Detenues Mili 10 00 10
Total 28 00 28..

1.Abdul Majid s/o Mohammad Ahmad R/o Tehsil Shahdadpur, District Sangarh ,Sindh : Stated that he was lodged in this jail since 2007. Remained in JIC Jammu for 1 ½ months and by now has completed nine years in this jail. He has been booked in FIR No: 03/2007. His trial is going on in the court of Principal Sessions Judge Jammu. Advocate Sanjay Gupta is conducting his case. Although the Judge was informed about abnormal delay in the case. In reply he was informed that the Challan/Final Police Report has been filed after six of the arrest. He shown awareness about the orders passed by Supreme Court in Suram Chand vs Sate whereby the Supreme Court had ordered release and repatriation of such undertrial prisoners who have already gone the period of detention exceeding the maximum punishment prescribed for the offences under which they have been booked.

2. Mushtaq Ahmad @ Bittu Age 33, S/o Sher Mohammad R/o Kadwa Basantgarh Udhampur :
States that he has undergone a period of 11 years in detention. He has been in this jail for four years. He has been sentenced for Life with a fine of Rs 26,000/- or 01 years S.I. Cr. For offences u/ss 302,364,121A Cr.P.C & 7/27 A.Act. Appeal No:53/2011 has been filed against the judgment passed by Sessions Court Udhampur on 30.10.2010 in case titled State vs Shakeel Ahmad @ Khaleel Ansari Bhat S/o Zulfiqar Ali Bhat R/o Bhain ,Tehsil Chenani & Ors. The Appeal is pending before the High Court at Jammu. Although he has engaged a lawyer and has managed to pay lacs of rupees for his defense by selling family properties yet he is not satisfied with the quality of legal aid received by him.

3. Mohammad Hussain , Age 34, S/o Ghulam Qadir R/o Sang Ramnagar Udhampur :

He has been also sentenced for Life with a fine of Rs 26,000/- or 01 years S.I. Cr. For offences u/ss 302,364,121A Cr.P.C & 7/27 A.Act. Appeal No:53/2011 has been filed against the judgment passed by Sessions Court Udhampur on 30.10.2010 in case titled State vs Shakeel Ahmad @ Khaleel Ansari Bhat S/o Zulfiqar Ali Bhat R/o Bhain ,Tehsil Chenani & Ors. The Appeal is pending before the High Court at Jammu. Needs legal aid .

4. Saleem Khan S/o Tajammul Khan R/o Dakhan Laxmipur Tehsil Kalla Chak Malda W.B ;
He was arrested from Malda in W.B and after 12 days shifted to Police Station Janipur, Arerested on 10.7.2011 but shown to be arrested ur ,shown to be arrested ur ,shown to be arrested officially on 25.8.2011 by N.I.A for offences u/s 489-B/489-C/120-B, 13/38/40 ULA registered in Police Station NIA New Delhi. All the witnesses except the I.O Santosh Kumar , have been examined in the 3rd Addl Sessions Court Jammu. No family member could come to meet him. One year back his brother has visited him. Needs legal aid.

5. Badal Sheikh-47 S/o Sabdul Shiekh R/o Mohanpur Kalla Chak Malda W.B ;
He has a family liability of five minor children ,three daughters and two sons. He was also arrested from Malda in W.B in the case in which Saleem Sheikh is booked . Shifted to Police Station Janipur, Shown to be arrested officially on 20.10.2012 by N.I.A for offences u/s 489-B, 13/38/40 ULA registered in Police Station NIA New Delhi. All the witnesses except the I.O Santosh Kumar , have been examined in the 3rd Addl Sessions Court Jammu. No family member could come to meet him. One year back his brother has visited him. Needs legal aid.

6. Fayaz Ahmad Rather-43 S/o Abdul Rehman Rather R/o Vill: Aung Mattan Anantnag ;
He was arrested from in the same case on 26.3.2012 by N.I.A for offences u/s 489-B RPC registered in Police Station NIA New Delhi. A Supplentary Challan has been filed on 2.4.2013 before the 3rd Addl Sessions Court Jammu. Needs legal aid.

7. Jameel Ahmad Awan -35 S/o Mohammad Sidiq R/o Distt& Tehsil Abbotabad Vill: Banda Qazi -Allama Iqbal Town :

Is educated upto Matric . Has been arrested on 10.3.2007 and remain in JIC till 25.4.2007 . He is booked in FIR No: 3/07 P/S JIC Jammu u/ss 18,19,20 ULA ,14 Foreigners Act , 3/6 Indian Passport Act, 120-B,467,471 ,468 RPC and his Trial is going on in the Principal Sessions Court Jammu. Three years back while was taken to court for hearing of his case , on 28.9.2013 was attacked by another undertrial Anchal Kumar S/o Swarn Lal R/o R.S Pura brought from Central jail Kotebalwal although he was accompanies by proper escort ASI Darshan Kumar No: 796194/EXJ . The detenue was attacked with a brick and got injured near his shoulder and ear. The Honble High Court on an application by the Bar Association in I.A No: 2504/2013 ordered an inquiry into the matter. Upon inquiry the Jail staff provided communicated dated: 18.01.2014 which revealed that inquiry was ordered against I/c Escort ASI Darshan Kumar PID No: EXJ 796194 and ASI Sohan Lal PID No: 795757 , handcuffed Constable Puran Singh No: 795/SB . The Enquire was entrusted to SDPO City West Jammu. But surprisingly the result of the Inquiry was not made known to the visiting team.
The detenue among others expressed a general difficulty faced by foreigners in this jail as they were not able to received Money Orders and Parcels from their family members . With the result no money could reach him since the year 2008. The prisoners have been voicing their grievances over the years that some mechanism may be developed to allow their money orders and parcels which could lessen their miseries to some extent.
,,

Leave a Reply