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Jail Visit of Jails in Jammu Region

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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 Nira 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 . The latest order in the petition was passed in a CMP filed by the Bar members which came up before court on 20.08.2010 ,  the operative portion of the order read as under ,

 

‘…..the application is disposed of and respondents are directed to allow the following members of the J&K  High Court Bar Association Srinagar to visit the jails to enable them to interact with the under trial prisoners /convicts lodged in various jails. These members shall be allowed to visit the detenues/ under trials prisoners/convicts in accordance with the jail manual ….’

  1.  Mr M.A.Qayoom ,President
  2.  Mr Aijaz Bedar , Vice  President
  3.  Mr Bashir Sidiq , General  Secretary
  4.  Mr Anwar ul Shaheen , Jt. Secretary
  5. Mr Hamid Shafi , Treasurer
  6. Mr Arshad Andrabi  , Executive Member
  7. Mr Manzoor Ahmad Dar ,Executive Member
  8. Mufti Mehraj  , Executive Member
  9. Mr M.S. Reshi  , Executive Member
  10. Mr Mohammad Ashraf Bhat  , Executive Member
  11. Mr Bilal Ahmad Bhat , Executive Member
  12. Mr Nasir Qadri , Executive Member

 

While visiting the jails the lawyers had in mind the three broad principles for treatment of prisoners which  have been laid down by Supreme Court in a number of judicial pronouncements ,

 

  1. A prisoner on imprisonment, does not become a lesser human being.
  2. A person in prison is entitled to all human rights within the limitations of imprisonment
  • There is no justification in aggravating the suffering already inherent in the process of incarceration.

While appreciating the plight of prisoners and reviewing  the first question to be gone into is, whether  there is sufficient protection from arbitrary arrest and detention as is universally guaranteed to citizens all across the world. Whether the Judiciary exercises adequate control on executive interference with personal liberty in the State of J&K, which is one of the foundational principles of a democratic society. The adequate judicial control would help to minimize the risk of arbitrariness and help to secure rule of law. Right to be tried within a reasonable time is a basic right of a citizen and it applied to the condition of detenues who remain under trial for long periods of time. Whether they are taken to courts on due dates and whether they have sufficient legal aid and support available to them is the main concern. It has been observed that over the years, it has been stated that prisoners and undertrials suffer due to lack of logistic facilities like transport, escort, man power. The  Executive gives priorities to utilized uniformed men to  maintain law and order than to ensure attendance of detenues on due dates in courts. The resultant prolonged trials add to the miseries of these inmates. Worse is the plight of other class of detainees in our jails , who are  taken into custody  under preventive laws. Although the courts  find these detentions as illegal ,arbitrary and defective, yet the Executive responds  to repeat the detention order on the same grounds. The case of Masarat Alam Bhat is a case on  point of  arbitrary exercise of this power exercised by state. Another class of inmates in the jails is those of the detainees against whom there are allegations that they have crossed  over LOC/ Border and were caught on this side of the territory . First they are  booked in various criminal cases, tried /punished or acquitted. After undergoing  the periods sentence State has the problems of regulating their presence . Since their in no proper mechanism to send them back to their native places, they are then still kept in custody by resorting to provisions of  J&K Public Safety Act, till steps are taken for their deportation/push back. There no definite period fixed for such kind of detention.  These periods of detention also fall in extra judicial custody and there is no accountability for the delay or inaction of the authorities. Often this class of inmates has no access to justice system and are dependent on legal aid or voluntary help. Although their detention can be challenged on various grounds but to inadequate legal aid and support exists and they are not able to defend their rights. Every human being has a right to access a lawyer, right not to be held incommunicado etc, but due to non- existence of sufficient legal support mechanism such kind of prisoners have to suffer long periods of incarceration. State often cannot gather sufficient evidence to charge them of the offences in which they are booked, but they only can  punish them by prolonging their trial periods and also post trial detention . The condition of this class of prisoners is found to be worst in this kind of scenario. The prisoners right to compensation for wrongful detention and illegal confinement in cases like this should be another area of research to lawyers and much needs to be worked on this. The be circumvented affecting individual freedoms is also another area to be explored during this investigations . Annual Jail visits are conducted with a view to assess the condition of the prisoners with respect to the method and mode of their arrest, treatment during their detention, the conditions of these detention centers and the attitude of Jail authorities is the area to which the lawyers can focus their attention during the jail visits. They can look into the possibility of  highlighting their plight by informing press, media , Executive and Judiciary about their problems so that administrative action is initiated at various levels and legal aid is arranged for the prisoners. The Bar Association visits these jails in the State, after seeking orders from the Hon’ble High Court and after having interaction with the jail authorities and inmates,  submits  its reports to the High Court and also to jail  authorities. Various aspects of prison management were brought in the notice of the High Court by filing public interest litigation petitions in which important orders have been  passed by the High Court from time to time for bringing in improvement in the treatment given to these prisoners and detenues. One of the orders passed in this respect is the constitution of District Level Committees by the High Court headed by respective District & Sessions Judges as Chairman of the Committee coopted by the concerned Dy Commissioner, CMO, District Social Welfare officer. But it was observed that although District Judges do visit the jails off and on yet the committees are not working in a punctual and regular manner to help in bringing about improvement in the jail system and look into the plight of the inmates over the years. There is need to strengthen and streamline the functioning of these committees and the Hon’ble High court needs to monitor the working of these committees in all districts. The reports submitted by these committees on regular intervals can help to assess the situation of prisoners in each jail and general problems faced in the administration of justice at District levels so that necessary orders can be passed by the High Court.

 

 

 

 

 

  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  I  C/L        145               65                 150
  2. Convicts  I Mili          08               00                   08
  3.   Convicts  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  I  C/L        06               00                  06
  2. Convicts  I Mili         05               00                  05
  3.   Convicts  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.

  1. 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 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 .
  2. 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 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.
  3. 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.
  4. 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  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.
  5. 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.
  6. 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 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.
  7. 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 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. 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 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.
  9. 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 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.
  10. 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.
  11. 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.
  12. 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 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.
  13. 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 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.
  14. 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 His trial is going on before 3rd Addl Sessions Judge Jammu. He is shown to be under arrest since 20.10.2015.
  15. 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.
  16. 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 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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
  23.   Zaffar Iqbal @Umar – 25, S/o Mohammad Yousuf R/o Tralkhal, District palendri PAK. Has read upto 12th 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 .
  24. 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 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.
  25. 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.
  26. 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.
  27. 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.
  28. 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 .
  29. 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.
  30. 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.
  31. 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

 

  1. Convicts R.I  C/L          00               00                   00
  2. Convicts S.I                   06               00                   06
  • Under trials C/L            10               00                   10
  1. Under trials Mili            02              00                    02
  2. 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.

 

  1. 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.

 

  1. 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 .

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

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