PRESS RELEASE 2612-2018: J&K High Court Bar Association, Srinagar, strongly condemns the beating, torturing and ill-treating of the detenues
J&K High Court Bar Association, Srinagar, strongly condemns the beating, torturing and ill-treating of the detenues and undertrial prisoners belonging to Kashmir by the authorities of District Jail Kathua and besides requesting the International Red Cross to visit the said jail also asks the team of lawyers, who have been permitted by the High Court to visit the different jails of the State and outside for providing necessary legal aid and assistance to the prisoners lodged in those jails, to visit District Jail, Kathua and after interacting with the Kashmiri and other prisoners lodged in the said jail, submit their report to the Bar Association and to the High Court which is already seized of the matter, so that further action is taken in the matter accordingly.
Meanwhile, in the PIL filed by the J&K High Court Bar Association, Srinagar, against the shifting of Kashmiri prisoners to the jails outside the State, the Hon’ble Division Bench of the High Court comprising of Hon’ble The Chief Justice and Hon’ble Mr. Justice Sanjeev Kumar, Judge, has passed the following order: –
“HIGH COURT OF JAMMU AND KASHMIR
OWP No. 2250/2018
Date of order: 21.12.2018
J&K High Court Bar Association Vs. State of JK and Ors.
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
For the Petitioner (s) : Mr. Z. A. Shah, Sr. Adv. with Mr. Hanan, Adv.
Mr. M.A. Qayoom, Adv. with Mr. Tufall, Adv.
For the Respondent (s) : Mr. B. A. Dar, Sr AAG.
1. It is submitted by Mr. Dar, learned Sr. AAG that the matter was directed to be treated as PIL and has come up before the Division Bench for the first time, he prays for a short adjournment in order to enable him to file counter affidavit to the writ petition. Let counter affidavit be filed within two weeks from today and prayed liberty is given to the petitioner to file rejoinder thereafter within one week.
2. In the meantime, given the grievances expressed on behalf of the detenues, the respondents shall ensure that information regarding shifting of the prisoners from the Jail in the State of Jammu and Kashmir to other places in India, is furnished to the family members of the detenues as per the applicable rules. The respondents shall also ensure that they enable interaction of the detenues with their family members. In case, physical interaction for any reason is not possible, the respondents shall take steps so that they enable the family members of the detenues to interact with them through video conferencing. In any case, telephonic communication as per rules of the Jails would also be enabled. Respondents shall also ensure that the health and nutritional requirements of the detenues are also provided for strictly as per the rules.
List on 4th February 2019.
IA No. 02/2018:
Notice accepted by Mr. Dar, learned Sr. AAG on behalf of the respondents.
Mr. Dar, learned Sr. AAG seeks time to file objections. Let the same be filed within two weeks.
List as above.
Copy of this order be supplied to the learned counsel for the parties under the seal and signature of the Bench Secretary.”
Since the matter is listed before the court on 04.02.2019, therefore, further follow up action will be taken, thereafter,