::JAMMU AND KASHMIR HIGH COURT BAR ASSOCIATION,SRINAGAR.KASHMIR

REPORT OF THE MEMBERS OF THE BAR TEAM WHO VISITED CENTRAL JAIL SRINAGAR
ON 28-10-2009

A team of lawyers comprising of the following, visited the Central Jail, Srinagar on 28-10-2009:

After inter-acting with the Superintendent, Central Jail Srinagar and apprising him about the order dated 16-9-2009 passed by the Hon’ble High Court in CMP No. 1270/2009 filed in OWP No. 767/2006 titled J&K High Court Bar Association Vs. State of J&K and others, he was requested by the Bar Association to furnish them the list of detenues/ under trial prisoners lodged in his jail. The Superintendent, Central Jail, Srinagar, stated that he is not a party to the OWP No. 767/2006 and is not, therefore, required to furnish to the Bar Association, a list of detenues/under trials lodged in his jail, yet he informed the Team of the Bar Association that there are 458 detenues/under trial prisoners and convicts lodged in his jail, in the following proportion:-

He also informed the Team members that out of aforesaid 458 persons lodged in his jail, 15 are detained under the provisions of the J&K Public Safety Act, 78 are under trial prisoners undergoing trial in different courts in militancy related matters. A copy of the list of detenues and under trial prisoners furnished by the Superintendent, Central Jail, Srinagar to the Bar team is annexed herewith as annexure-A.

The Bar team there-after met a number of detenues and under trial prisoners lodged in Central Jail, Srinagar, in militancy related matters. The under trial prisoners told the Bar team that they are not being produced before the courts on the dates because of various reasons, the main being that the escort is not being provided by the police in time. They also stated that there is always one or the other VIP movement which too gives an excuse to the Jail authorities not to produce them in the court. They also stated that if any one of them is taken ill, there is no medical escort available in the jail who can take them to the hospital for treatment. They also stated that by the time, the Medical escort is provided by the police to the jail authorities, either the under trial or the detenue becomes very sick or else he breaths his loss. They also stated that during the past few years, 05 prisoners have died in the jail because of failure of providing of medical escort. The detenues and under trial prisoners, whose cases are pending in the courts suggested to the Bar team that they should make request to Hon’ble the Chief Justice for arranging video conferences in the jail premises, so that their cases are decided expeditiously.

They told the Bar team that such facilities are available all over India, but it is only in the State of Jammu and Kashmir that no such Video conference takes place between a detenue or an under trial prisoner, whose case is going in the court of law. They told the Bar team that by arranging these Video conferences, there would be no necessity of providing police escort for purposes of taking them to the court or spending money on the transport. They stated that even though video conference is not always favourable to a detenue or an under trial prisoner, facing trial in the court of law, yet for purposes of speedy disposal of their cases, they want that necessary infrastructure should be provided to the Central Jail authorities of Srinagar so that the cases of all these detenues and under trial prisoners are decided by the concerned courts on fast track basis. It was also stated by the detenues and under trial prisoners before the Bar team that if their orders of detention are quashed and they are granted bail by the concerned courts, the jail authorities instead of releasing them, hand them over to CIK authorities inside the jail itself.

They stated that either jail authorities be directed not to allow any CIK police personnel to enter the jail for purposes of arresting any detenue or under trial prisoner, whose order of detention is quashed or who is granted bail or else they be directed to take receipt from the CIK authorities on the handing over of the detenue or the under trial prisoner to them, on his release from the jail, so that it is ensured that the detenue or the under trial prisoner will not be shown to have indulged in any activity, after his release from the jail, when actually during that period, he would be with the CIK authorities. They also stated that if any detenue or under trial prisoner is to be arrested even after his release from jail by CIK authorities, they should do so outside the jail premises and not inside the jail, while sitting with the Superintendent, Central Jail Srinagar or with any other staff member(s).

No other grievance was projected by the detenues / under trial prisoners, detained in the Central Jail, Srinagar, in militancy related matters before the Bar team. The report is accordingly submitted to the Hon’ble Court for appropriate orders.