JK High court Bar Association released KISHTWAR JAIL REPORT In pursuance of the orders of the Hon’ble High court a four member team of lawyers comprised of the following : 1. Mian Abdul Qayoom, Advocate 2. Mufti Mehtaj-ud-din, Advocate 3. Manzoor Ahmad Dar, Advocate and 4. Sajad Bashir, Advocate visited District Jail Kishtwar on 16.11.2013 and met the prisoners lodged in the said jail. The district jail Kishtwar is located at a hillock and is 3 km away from the town. On 16.11.2013 there were in all 126 prisoners lodged in the jail, out of which as per the jail record 85 were ordinary undertrial prisoners and 41 were detained on militant related activities. The jail superintendent, Muneer Hussain Khan, who has been posted in the jail on 08.09.2012 and has been working as such since then informed the Bar team that ever since he has taken over as jail superintendent, committee appointed by the High Court has not visited the jail though the Hon’ble High Court had directed such committees comprised of District and Sessions Judge, District Magistrate, Senior Superintendent of Police and Chief Medical Officer of each district to visit the jails located in their jurisdiction after every two months. The superintendent of jail also informed the team that though the government has sanctioned and paid more than 17.00 lacs to the PHE Department for supplying water to the jail from Semna water point but the said department has not provided the water from the said point to the jail and water to the jail is being supplied from Dak Bungalow, which is insufficient and inadequate. The jail superintendent also informed the Bar team that a post of doctor has been sanctioned for the jail but the doctor posted to the jail has not joined his duties as yet and doctors of district hospital Kishtwar visit the jail on call. He stated that a doctor from district hospital Kishtwar last visited the jail on 06.11.2013 and since then no doctor has come to the jail for providing medical aid to the inmates. He said that one nursing orderly of the jail department and one Medical assistant of the health department is presently posted in the jail. The jail superintendent also informed the team that an Ambulance has been provided to the jail, only on 15.11.2013 and that in cases of emergency, the said vehicle will be now used by the jail staff for providing immediate medical aid to the prisoners. He said that jail has four barracks located in two storeyed building, which has a capacity of only 100 prisoners. He said that there is no convict, foreigner, detenue, juvenile or female prisoner lodged in the jail. He said that almost all the inmates are facing trial at Kishtwar, Doda, Bhaderwah, Udhampur and Srinagar. He stated that because of non-availability of escort, most of the inmates miss their dates of hearing in the courts as a result of which their cases get protracted. He said that each undertrial is given ration worth Rs. 65/- per day and as there is a common kitchen for all the prisoners, therefore, ration in kind is provided to the kitchen on daily basis in lien of Rs. 65/-. He said that no clothing is given to the inmates though that was a practice in the past. The team met a number of prisoners in presence of jail superintendent, who stated as under : 1. Sher Khan son of Haji Nabi Baksh resident of Chattroo, stated that he is in the jail for the last 1½ years and he is facing trial in a case pending at Kishtwar. He said that all the witnesses except one have been examined and as his counsel is ill, therefore, the case is going on without any progress. 2. Tariq Mattoo son of Ghulam Nabi Mattoo resident of Gandoo stated that he is facing trial in a case at Bhaderwah. The evidence in the case was closed in 2010 but till date the judge has not announced the judgment. he stated that he has not committed any crime but has become a scapegoat of the bickerings of National Conference and PDP. He said that he had engaged one Advocate Wahid as his counsel in the case, but subsequently he changed him and engaged one Naresh Gupta as his counsel who has recently been elected as a member of legislative council. He stated that after he become MLC, Naresh Gupta is neither himself appearing in the case, nor is he allowing any other lawyer to accept his brief. 3. Bashir Ahmad Ahangar son of Ghulam Mohi-ud-din resident of Kastighar Doda stated that he is in custody for the last three years and is undergoing trial in the court of Sessions Judge Kishtwar. He said that judge is giving long dates and his case is getting delayed. He said that the Kishtwar jail is located at a height of more than 5,000 feet as such there is terrific cold in the jail in winter. He said that jail authorities are giving them 01 kg. of firewood every day for keeping the rooms warm but one kg. of wood finishes within minutes and the inmates, who are lodged in four barracks in a two storeyed building, are shivering with cold. He said that the jail authorities had been requested to provide at least 03 kg’s of firewood to each inmate so that they can survive in the jail in these winter months but they have refused to do so. 4. Bashir Ahmad Gujri son of Ali Hassan resident of Doda stated that he is facing trial in the Sessions court Doda. He said that Sessions judge Doda, Mr. Kiker Singh is only giving dates in his case and fixes the case after 1½ month on each occasion. He stated that in his case statement of one prosecution witness was recorded in March, 2013 and since then no witness has turned up. He said that he is in jail for the last five years. 5. Abdul Latief son of Satar din resident of Doda stated that he is in jail for the last five years. His case is pending in the court of sessions Judge, Doda and the judge of the said court is giving only dates in his case. He said that during last six months, his case has made no progress and only long dates have been given by the judge. He said that my case was listed today before the court, but I was not taken over there, on account of non-availability of escort. 6. Zahid Hassan son of Abdul Latief 7. Manzoor Ahmad son fo Abdul Latief 8. Abdul Gani son of Ali Mohammad all residents of Gondoo, Doda stated that they are in custody for the last five years and are facing trial in a case pending in the court of Sessions Judge, Bhaderwah. They said that prosecution has cited 36 witnesses to the case out of which statement of 27 have been recorded. They said that their case was listed before the trial court today but they were not taken to the court for want of escort and as such they have missed their hearing today. They said that they have filed a bail application also before the court but the same has been kept pending. They said that they had engaged Mr. Naresh Gupta as their counsel in the case but as he has been elected as MLC, he is not now attending their case and is also not allowing any other lawyer to appear in the case. 9. Farooq Ahmad son of Abdul Rashid Sheikh resident of Bhaderwah stated that he is in custody for the last six years and was facing trial in nine cases pending in the said court, out of which six cases have ended in his acquittal and the three are still pending. He said that one case is ripe for arguments but the judge has been avoiding hearing of arguments for the last one year. He said that in other two cases evidence is being recorded but often he is not produced before the court as a result of which his case is lingering one. He said that from January 2013, he has not been produced before the court eight times. He said that his lawyer at Bhaderwah is also not helping him in anyway. He said that if a lawyer from Doda is arranged for him, he may get some reprieve. 10. Bashir Ahmad son of Ghulam Mohammad resident of Bhaderwah; 11. Mukhtar Ahmad son of Ghulam Mustaffa resident of Thatri, Doda; 12. Manjit Singh son of Hari Ram resident of Prem Nagar Doda Stated that Bashir and Mukhtar alongwith another accused Irshad Ahmad are in the jail for the last ten years and are facing trial in a case alongwith Manjit Singh in Sessions Court, Bhaderwah. They said that they are not being taken to the court regularly and for the last 3/4 months no witness has been produced by the police in the court. They said that it is only because of Manjeet Singh, who had been proceeded against u/s 512 Cr.P.C. and has now been arrested that the judge is lingering on the proceedings of the case. Bashir Ahmad said that his father had passed away before his arrest and his mother died while he was in jail. He said that he has his wife and a minor daughter at home. He had filed a bail application before the court but the Judge is not passing any order in the bail application. 13. Shamas-ud-din son of Abdul Latief resident of Thatri, Doda stated that he is in jail from 2006. His case is pending in the Sessions court Doda and 1½ years before, evidence was closed by the court and arguments were heard but till date the judge has not announced the judgment. He said that today was the date of hearing of his case but he has not been taken to the court by the jail authorities for want of escort. 14. Abdul Majid son of Subhan Khan resident of Thatri Doda stated that he is also an accused in the case in which Shamas-ud-din is the other accused. He stated that he doesnot know anything about the allegations levelled against him and that he has been falsely implicated in the case and is in jail from 2006. He said that the judge is not deciding the case only because it is a militant related matter. He said that the atmosphere in the jail is not now conducive because certain inmates belonging to other community, are hell bent to demoralise them and injure their religious sentiments. He said that those inmates have prepared a “Bhajan” and are singing the same loudly which ridicules the great religion of Islam and the Holy Prophet (PBUH). He said that he had brought this fat to the notice of jail authorities but they have not taken any action against the culprits. He said that these inmates have vitiated the atmosphere of the jail and if action is not taken against them immediately, there will be some kind of big problem in the jail. 15. Rajinder Singh son of Munshi Ram resident of Kishtwar stated that he is facing trial in a case in Sessions Court, Doda, Evidence in the case was closed in 2010 and some three years before arguments were heard by the Judge but till date he has not announced the judgment. He said that the judge is giving only dates and is reluctant in passing orders in his case. 16. Abdul Qayoom son of Abdul Sattar Wani resident of Marmat Doda stated that he is in jail from 2009. He said that his case is going on in the court of Sessions Judge Doda and the statement of only one witness has to be recorded by the trial court now and the said witnesses has not been produced by the prosecution during the last one year. He said that the judge is granting bail in rape and NDPS cases but in militant related cases he is not granting bail. He said that the only remaining witness of his case is SHO Kishtwar, who has been summoned through warrants as well, but he is not turning up and the judge is also not taking any action against him and is protracting the trial of his case unnecessarily. 17. Mohammad Amin son of Abdul Majid Malik resident of Thatri Doda stated that he is in jail from 2006 and his case is going on in Sessions court Doda. He said that arguments in his case have been heard one year before, but the Judge is not announcing the judgment for unknown reasons. 18. Barkat Ali son of Mohammad Shafi resident of Doda stated that he was arrested in March 2010 and he is facing trial in a case pending in Sessions Court Doda. He said that 4 other accused in the case have been discharged by the Judge but he alone is facing trial in the case and the only progress which the case has made during last four years is that charge has been framed against him. He said that the Sessions Judge, Doda is taking no interest in the case and he is fixing the case after a months’ time on each occasion. 19. Zakir Hussain son of Ghulam Mohammad resident of Dachan, Kishtwar stated that he is in jail for the last four years. He said that he had been involved in five cases, but in three cases he has been discharged by Sessions Court Kishtwar. He said that in two other cases evidence is being recorded but the Judge is giving long dates and the case is getting protracted unnecessarily. 20. Akhter Hussain so of Nizam-ud-din resident of Thatri Doda stated that I am in jail for the last 6½ years and I have been booked in three cases which are pending in Sessions Court Doda. In one case arguments have been heard one year before, but judgement has not been announced as yet and in other two case, evidence is being recorded. He stated that the Judge is not taking any interest in the case and only dates are given just to protract the trial. 21. Shabir Ahmad son of Ghulam Nabi resident of Dachan, Kishtwar stated that he is in the jail for the last four years and has been falsely booked in a number of cases which are pending in Sessions Court Kishtwar. He said that in two cases, the court is not conducting any proceedings and in the other cases the witnesses are not appearing in the court and the case is getting delayed unnecessarily. 22. Mohammad Qasim son of Mohammad Akbar resident of Kishtwar stated that he is in jail from 2006. He has been acquitted in one case under section 302 RPC, but in the other one, which is under section 307 RPC he is facing trial in Sessions court Kishtwar, and the court is protracting the disposal of the case unnecessarily. 23. Abdul Latief son fo Alaf-din resident of Doda stated that he is in jail from 2008. Four cases are pending against him in Sessions Court Doda and one is pending in Sessions Court Kishtwar. He said that in Doda cases witnesses had come in 2011 but, neither any witness has been produced before the court, thereafter, made any kind of progress. 24. Noor-ud-din son of Kama resident of Chattroo stated that he is in jail for the last four years and his case is pending disposal in the court of Sessions Judge Kishtwar and arguments were heard in the matter a long time back, but the court has not passed any judgment till date. 25. Same kind of statements were made by Mohammad Ibrahim son of Mohammad Hussain resident of Kither Bangwa; Ashaq Hussain son of Shamas-ud-din resident of Bhaderwah; Mushtaq Ahmad son of Hissam-ud-din resident of Gandoo; Sandeep Kumar son of Om Prakash resident of Thaila; Jamal-ud-din son of Khair-ud-din resident of Keshwan Kishtwar; Shahnawaz son of Ghulam Nabi resident of Palmad, Kishtwar; Firdous Ahmad Matoo son of Mohammad Ramzan Matoo resident of Drabshalla, Kishtwar; Nafeesh Munawar son of Mohammad Munawar resident of Palmad, Kishtwar; Basharat Ali son of Farooq Ahmad resident of Kathua; Raju Chohan son of Ghulam Mohammad resident of Chattru; Mohammad Yasin son of Ghulam Qadir resident of Dachan and Mubashir Hussain son of Fazal Hussain resident of Kelard, Baderwah whose cases are also pending in the Sessions Court Kishtwar, Baderwah, Doda and Udhampur. Some of them said that arguments have been heard in their cases by the Judges but judgments have not announced and some others said that evidence is being recorded and long dates are fixed in the cases, which is causing delay and injustice to them. Some said that they are not being produced and the cases fixed in the cases sometimes for want of escort and sometimes on account of VIP movement. The Bar team also met a number of inmates who are in the jail as ordinary undertrial prisoners and whose names are as under : 1. Sajad Ahmad son of Abdul Gaffar resident of Kishtwar 2. Aadil Aslam son of Mohammad Aslam resident of Kishtwar 3. Khursheed Ahmad son of Ghulam Hussain resident of Kishtwar 4. Arshid Hussain son of Ghulam Hussain resident of Kishtwar 5. Firdous Ahmad son of Khursheed Ahmad resident of Kishtwar. They all stated that they were picked up on the day of Idd or thereafter alongwith thirty other persons and they are in jail since then. They said that all of them are innocent and have been falsely implicated in the case. They said that they had filed bail applications before Sessions Judge, Kishtwar, but he is not passing any order in those applications despite the fact that more than 02 months have passed. They said that out of the accused persons arrested, one is a Store Keeper, and another a Junior Engineer. Another accused said that he is working in Vodafone as an Engineer at Jammu and he had come to Kishtwar to celebrate Idd with his family, but he was arrested by the police and is now in jail. He said that because of his arrest, he has lost his job and his future is also ruined. All the accused persons requested the team members to meet their lawyers at Kishtwar and tell them to expedite the disposal of their bail applications. From the aforesaid facts and circumstances, it is quite evident that all the undertrial prisoners lodged in District Jail, Kishtwar, have complaints against the courts and all of them have been subjected to the tyranny of the legal process which is going on endlessly without any fault of theirs. In some cases, judges have heard arguments but have not passed judgments for years together. In other cases witnesses are called but they are not turning up and the court is not taking any action against them the jail authorities are also not producing these accused persons regularly before the courts on the dates of hearing for one reason of the other, as a result of which the trial drags on. The team appointed by the High Court for visiting the jails after every two months, having not visited the District Jail, Kishtwar, has also emboldened the jail authorities to play with the lives of the prisoners. While in jail the prisoners are not only entitled to the right to life, but also to the right to bodily integrity and when firewood which is an essential component, for surviving the onslaught of winter is not provided to an undertrial prisoner, his very right to life and bodily integrity gets/stands infringed. Interms of Prison law, all the prisoners deserve a fair treatment nor only his right to life is to be protected but his right to profess, propagate and preach his faith/religion is also safeguarded and if someone in the jail, deliberately and intentionally tries to outrage the religious feeling of any other person he is required to be dealt with, under law. Freedom of one to profess, practice and propagate his religion cannot be at the cost of other religion. The Superintendent District Jail, Kishtwar was required to take appropriate action against those, who have tried to outrage the religious feeling of others, but he having failed to do so, the atmosphere in district jail Kishtwar stands vitiated. This report will therefore, be placed before the Hon’ble High Court for passing appropriate orders and is also sent to press for circulation. 1. Mian Abdul Qayoom, Advocate 2. Mufti Mehtaj-ud-din, Advocate 3. Manzoor Ahmad Dar, Advocate 4. Sajad Bashir, Advocate Dated :
Posted on: Mon, 25 Nov 2013 09:16:13 +0000
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