Report of the lawyers who visited Central Jail Kotebalwal, District Jail Jammu & Kathua from 02.02.2009 to 04.02.2009

Pursuant to the order dated 05.11.2008 passed in CMP No. 1623/08 of OWP No. 767/06 titled “J&K Bar Association V/s State & Others”, we visited Kotebalwal, Kathua and Amphalla Jails of Jammu on 2 nd, 3 rd & 4 th February 2009 respectively and observed as under:-

Visit to Kotebalwal jail

We visited this jail on 2 nd of February 2009. Both the Superintendent and Additional Superintendent of the jail were present in the office of the Superintendent. We served the copy of the court order to the jail authorities who arranged our meeting with various detenues and undertrials in a room. The detenues/undertrials were brought in batches and we had interview with them in detail.

Abdul Ahad Parra a Hurriyat Leader disclosed that he has been booked under PSA and has been lodged in this jail for the last about four months. According to him there are 8 blocks in the jail and about 30 to 35 (detenues or/undertrials) are lodged in each block. He has only one grievance that ever since he was lodged in this jail he was not taken to the court of 1 st Additional Munsiff (Judicial Magistrate Srinagar) where he is facing trial in the criminal case.

Mohammad Yousuf Khan of Uri and Abtab Ahmad Abbasi of Baramullah are undertrials facing trial in TADA Court Jammu and are lodged in this jail for the last seven years. They are involved in a militancy related case under 302 RPC & TADA in which according to them the evidence has been closed. However, in order to dilate the proceedings the P.P. of TADA court has filed application u/s 540 Cr. PC for recalling the some prosecution witnesses which has been allowed by the court but witnesses sought to be re-examined are not being produced by the prosecution. According to them Mr. Shakoor Malik Advocate of Poonch initially was their defence counsel but at present Mr. Dinesh Verma Advocate is pleading their case in the court who according to them has been engaged for them by Mr. Altaf Fantosh. The co-accused Aftab Ahmad Abbasi of Baramullah disclosed that some time back one Mr. Harbans Lal Advocate was engaged by his father as their defence counsel who has paid about Rs. 60,000/- (Sixty Thousand) by the father of Abbasi but the Advocate despite of taking such fee appeared for some time and thereafter did not provide legal service to them.

Abdul Hamid Tantray S/o Abdul Jabbar Tantray R/o Loren Poonch an undertrial disclosed that he has been lodged in the jail for the last about 9 years and is facing trial in the militancy related case u/s 3 of Enemy Agents Ordinance (EAO) in which all the prosecution witnesses have been examined and the evidence has been closed. According to him Mr. Ved Raj Wazir Advocate is his defence counsel and may be requested to render his services effectively.

Kalu Khan S/o Bashir Ahmad Sheikh R/o Reasi is a PSA detenue lodged in the jail since July 2007 and has given his grounds of detention to Mr. Shafkat Advocate for filing H. C. Petition. He requested us to enquire from Mr. Shafkat as to whether petition has been filed and if so what is the stage of the case. He complained of some skin ailment and according to him he has not been taken to any Dermatologist by the jail authorities despite requests.

Some undertrials complained that they are facing criminal trials in different criminal courts and are taken to courts for trial dates but sometimes for want of escorts they are not taken to courts which prolong the trial of their cases. In this behalf one Zakir Hussain who is facing trial in a case u/s 307 RPC and 7/27 I.A. Act for want of escort.

Another undertrial Reyaz Ahmad Hajam of Gool Gulab Garh is facing trial in the court of Addl. Sessions Judge Ramban u/s 302 RPC and 7/25 I.A. Act for the last four years and the case is at evidence stage for the last 3 months he was taken to court for want of escort. Same thing was disclosed by Mr. Mohammad Yousuf Mir S/o Gh. Qadir Mir R/o Shopian who is a PSA detenue and also facing trial in the court of Sessions Judge Pulwama but on the last date of hearing i.e. on 03.02.2009 he has not taken to court for facing trial. Similar grievance was projected by other detenues namely Abdul Hamid Dar S/o Gh. Mohammad Dar R/o Gandole Anantnag, Gh. Hassan Malla of Pulwama.

One undertrial Mohammad Yousuf Mir facing trial in a case “State V/s Mohammad Yousuf Mir” u/s 7/25 I.A. Act in Sessions Court Pulwama was taken on the last date of hearing under escort but while reaching court premises he was not produced before Sessions Judge. On the contrary he was kept in escort vehicle and only next date was taken from the office of the Sessions Judge and brought back to jail.

One Mr. Abdul Noorani of Udhampur disclosed that he has been in jail for the last 10 years. Initially booked under PSA – detention quashed once but rebooked recently though he was acquitted in a criminal case after 6 years. According to him 2 nd detention order under PSA has been passed on the same grounds in which he was previously booked and which quashed earlier.

One Shakeel Ahmad Bhat S/o Gh. Qadir R/o Fateh Kadal Srinagar (Political Prisoner) and detenue under PSA is lodged in the jail for the last 4 months and has also been involved in a criminal case pending disposal before Addl. Sessions Judge Srinagar but has not been produced before the trial court ever since he was lodged in this jail. He also complained that his right arm was fractured by the beating given to him by CRPF during interrogation before he was sent to this jail. According to him he was once taken to jail hospital where he was given only some pain relief ointment. He stated that he is suffering from Clevical fracture which requires treatment form a Specialist (Orthopedic Surgeon) but has not been provided such treatment so far.

According to Jail Superintendent, detention of the PSA detenues Tariq Ahmad Shah of Dangiwach Baramullah and Jahangir Ahmad have been quashed by the Hon’ble High Court and they are required to be shifted to Kupwara and Srinagar where they are facing criminal trials in the courts of Sessions Judge Kupwara and TADA court Srinagar respectively.

Mohammad Shafi Chauhan S/o Suba Chauhan R/o Khellar Pahalgam (detenue/undertrial) stated that he has been lodged in this jail since 07.01.2008. According to him, his detention under PSA has been quashed by the Hon’ble High Court but quashment order has not been sent to the jail authorities. Mr. Shafkat was stated to be his counsel in the H. C. matter. The detenue requested that Mr. Shafkat be told to send quashment order to the jail authorities through the family members of the detenue who according to him are in contact with Mr. Shafkat Advocate. This detenue also stated that he is facing criminal trial in the court of Sessions Judge Anantnag where same Nisar Ahmad Advocate is his defence counsel. He further stated that during the last eight months, he was taken only once to the court i.e. in November 2008.

Another undertrial Mohammad Ramzan Dar S/o Gh. Ahmad Dar R/o Jaggarpass Kupwara stated that he has been lodged in this jail about 5½ years back and is facing trial u/s 302 RPC (militancy related case) before 1 st Additional Sessions Judge Jammu. He stated that he is being taken to the court on every date of hearing.

General impressions of detenues/undertrials

Almost all the detenues/undertrials whom we interviewed were of the opinion that there is a lot of improvement in this jail as compared to past. Food provided to detenues/undertrials is good. OPD facilities are available daily. Superintendent and Additional Superintendent or Addl. Jail Superintendent regarding any contamination in food, they take cognizance of the complaint and get the wrongs rectified. It was also stated by the detenues/undertrials that are resident doctor in the Jail is available for 24 hours. Besides this doctors/physicians make daily round in the barracks.

All the detenues/undertrials belonging to the state particularly belonging to Kashmir region are given better treatment by the jail authorities as compared to the other undertrials/detenues presumably because of the frequent visits of Kashmir Bar Association overall behavior of the jail staff with the detenues/undertrials is good, they said.

Visit to kathua jail

We visited this jail on 3 rd of February 2009. After we disclosed our identity to the jail staff posted on the main gate, we were told to enter the room close to the main gate where two employees maintaining jail registers asked us to show court order vide which we were to visit the jail. We served the copy of the court order dated 05.11.2008 to one of the staffers/employees who sent the same to the despite or our request did not give receipt of the court order saying, “We have been instructed by the jail Superintendent not to give any receipt of the court orders. The staffer asked us to wait for some time till the permission is sought from the jail superintendent for our interview with the detenues and undertrials. After about 15 minutes, the staffer told us to move inside and we were taken in the lobby where detenues/undertrials are allowed to see their relations behind the iron Bars/grills. Here we met Asst. Superintendent and other subordinate staffers who told us that the jail superintendent has asked us to allow us to seek only one detenue Mr. Nayeem Khan and none else. We requested the Asst. Superintendent and his other subordinate staff to permit us to see the jail superintendent so that we could request him to allow us to have interview with various detenues and undertrials but they told us that the jail superintendent has told them that we could not see/meet him. After sometime Mr. Nayeem Khan detenue was brought and we had an interview with him for about half an hour during which time Asst. superintendent and his subordinate staff were also present there.

Mr. Nayeem Khan disclosed that the condition of the detenues/undertrials belonging to state and particularly implicated in militant related activities/cases is very pathetic. He told us that during his lodgment in the jail he has met number of detenues/undertrials who have told him that when they were brought in this jail, they were given severe thrashing by the jail staff under the instructions of the jail superintendent. Mr. Nayeem told us that according to the inmates of the jail, it has been routine in the jail that whenever any detenues/undertrial is brought from Kashmir for lodgment in this jail, he is given severe beating by the jail staff. The beards of some detenues namely Peer Aizan Ahmad, Imran Jamia Masjid Baramulla, Zia-ul-Islam and Javed Ahmad, who were detained recently in connection with Assembly Poll Boycott campaign in the valley, were forcibly cut/shaved off by the subordinate staff of the jail under the instructions of jail superintendent.

Mr. Nayeem further revealed that the jail superintendent made the Kashmiri detenues/undertrials forcibly participate in the 26 th January celebrations inside the jail and forcibly made them to chant “Bharat mata ki” & “Jai Hind”.

Mr. Nayeem further stated that two brothers from Kishtwar namely Mr. Gundana Sahib (about 70 years of age) and Maulvi Abdul Qayoom (about 68 years of age) are lodged in this jail under PSA but they have been kept in different barracks and are not allowed to see each other. Both are ailing but are not given any medical treatment despite of their repeated requests to the jail superintendent.

Mr. Nayeem further disclosed that he has met various undertrials namely Master Hafiz, Atta-ullah, Mr. Noorani, Shabir Ahmad Liaqat and Bashir who are locals of Kathua and are facing trial in a militancy related case u/s 302 RPC before the Sessions Judge Kathua for the last seven years but according to them trial of their case is protracted by the public prosecutor Kathua who is biased agasint undertrials and does not produce witnesses and sometimes witnesses are present but not examined by P.P. by one pretext or the other only to see that the trial gets protracted. On most of the dates of hearing, the undertrials are not taken to courts to face trial on the pretext of non-availability of escort.

Mr. Nayeem also disclosed that though he is a PSA detenue but he has been kept with local criminals.

Visit to District Jail (Amphalla) Jammu

We visited this jail on 04.02.2009 jail superintendent Mr. Rajni Sehgal without any hesitation permitted us to have interview with various detenues and undertrials. We met one Mr. Aijaz Ahmad Rather S/o Abdul Kabir Rather R/o Baramullah (A Tehrik Hurriyat Activist) who is a PSA detenue lodged in this jail since 06.11.200 . He stated that the attitude and behavior of jail staff including the jail superintendent with the detenues is good. He had only one grievance that he has been kept with hard core local criminals who do not physically harm him but often use abusive and unparliamentarily language with one another which disturbs him particularly while offering prayers. We brought this grievance of the detenue to the notice of jai superintendent who assured us that the detenue would be shifted to some other barrack.

One undertrial namely Bashir Ahmad Ganai S/o Mohammad Ibrahim Ganai of Baderwah disclosed that he is facing trial in a militancy related case under Enemy Agents Ordinance and 302 RPC in the court of Principal Sessions Judge Jammu and is lodged in this jail since 12.09.2007. According to him, the trial is going on smoothly and he is taken to court on every date of hearing.

Another undertrial Muneer Ahmad Tantray of Poonch stated that he has been facing trial in FIR No. 08/2000 again in a militancy related case under Enemy Agents Ordinance and 302 RPC in the court of Principal Sessions Judge Jammu. However, he has a grievance against his Advocate Mr. Ved Raj Wazir who according to the undertrial has taken a fee of Rs. 80,000/- from him till date but is not taking interest in the case and has been avoiding arguing the case finally but is taking adjournments frequently. The undertrial requested that the Bar Association should request the said Advocate to attend the trial and advance the final arguments as the accused undertrial has been facing incarceration for the last 9 years. According to him all the witnesses in the case have been examined and there is no incriminating evidence against him. In case the Advocate Mr. Wazir advances arguments in the case on the next date of hearing, the accused/undertrial is sure that he would be acquitted in the case.

General impression of the detenues and undertrials we met in this jail was that the jail staff is behaving with them nicely and none had any complaint about medical facilities or food provided to them in the jail.

Hence the report.

M. Abdullah Pandith, Advocate
Vice – President
B. A. Khan
Advocate