DISTRICT JAIL JAMMU

On 18-11-2006 itself, the team members visited District Jail Amphalla, Jammu (Previously known as Central Jail) and met the datenues and under trial prisoners lodged in the said jail. In this jail, there were 658 detenues and under trials prisoners lodged inside the jail, whose break up is as under:-

Convicts = 99

Convicts (SI) = 13

Convicts(Civil) = 00

Undertrial C/law Militants = 402

Detenues (C) = 26 .

Total = 606

Foreigner

Convicts (R) = 09

Convicts (SI) = 08

Undertrial (Civil) = 27

Undertrial Militants = 03

Detenues = 04

Juvenile = 01

(Afghanistani) .

Total = 52 .

G rant Total = 658

We were permitted by the Jail Superintendent Ms. Rajni Sehjal to meet the following convicted persons of the Kashmir Province:-

All the aforesaid convicted prisoner told the Bar team that they were arrested in Poonch in Sept. 2000 along with five other persons. Two were Pakistanis out of whom, one was killed on spot. Another was from Poonch and five were Kashmiris. Out of those five Kashmiris, four are District Jail, Jammu and one is in Central Jail Kotebhalwal. They also told the team that after their arrest, they were interrogated by police and finally they were challened in the Court of Pr. District and sessions, Srinagar. They stated that in six years, four witnesses were examined by the prosecution and as the prosecution used all delaying tacktics to protracts the trial of the case they therefore confessed to the guilt and were sentenced to 7 years imprisonment by the court on 2.6.06. It was stated by the aforesaid convicted persons that in Jammu, Kashmiris face great difficulties in engaging a counsel of their choice. Since they have not been able to engage a Kashmiri Lawyar in their case and one engaged by them from Jammu was also not insisting for speedy trial of their case therefore, they had no option but to confess to their guilt. They said that they have been kept in barak No. 3 alongwith other prisoners who are from poonch. Infact, the only grievance projected by the aforesaid convicted prisoners before the team was that there was not legal system to help the prisoners who are in urgent need of legal assistance.

Khalida R/o: Handwara:

Born in 1988, Khalida was reading in 12 th class when she was arrested by Handwara police on 11-09-06. She was kept in SOG Camp Handwara for 8 days and then shifted to police station or one month. She was granted bail by the court but instead of relasing fher she was taken to CIK Srinagar where from she was firtly, taken to Central jail Kotebhalwal, Jammu and then to District Jail, Jammu. She stated that during her 8 days stay in SOG Handwara, she was brutally interrogated due to which, one of her teeth was broken. She was given electric currents Her head used to be drowned in the buckets of water for extracting confession from her. Sticks used to be put into here fingers and then pressed. Rollers were also used on her body by Mr. Hasib Mughal, SSP Handwara. She stated that She has been kept in female block No.l in the jail and is the only Kashmiri in the said block. There are in all 21 ladies in the said block, out of whom two are Muslims. The other Muslim lady has been granted bail and she is expected her release and time. All other ladies are Hindus and hey belong to Jammu province. They do not know Kashmiri and all of then have a criminal record. She said that besides her father, she has one brother, who is younger to her. She also said that then she was in SODG Camp, Handwara a girl was brought from Jammu to interrogate her. She was a Sikh and her name was perhaps ‘Rani’. The said Sikh girl used all methods of torture against the detenue and she tried her best to involve her in one or the other case. She also said that she has been now detained in PSA and has been lodged in Jammu. Though she belongs to Handwara and could have been easily lodged in Central Jail, Srinagar or District Jail, Baramulla.

Besides the aforesaid four convicted persons and one detenue, there is no other detenue or undertrial prisoner from Kashmir lodged in District Jail, Jammu. The team however met Mohammad Sajad S/o Mohammad Yousuf R/o Gujranwala Pakistan, who is of 16 years of age. Sajad told the team members that he was arrested in July 2004 in Hiranager, Jammu. He was kept in Hiranager Jail for 5 months at that time he was of 14 years of age. He had appeared in 8 th class examination and had to join 9 th class but he was arrested along with one Ansar Ali R/o: Gujranwala at Hiranagar . Both of them were produced in the Court of law and were made to confess to their guilt. Ansar Ali was convicated and sentenced to some imprisonment and he was shifted from Hiranagar to District Jail Jammu. He has spent two years in District jail Jammu without any order of conviction and sentence or detention under PSA in 2005, he was taken to Amritsar for counselling. He was assured that he will be deported to Pakistan. But one year has alapsed since then and he is still anguishing in Jail. He has three daughters and his father has retired from service of a private company. He has been writing letter to home people but have not received any reply.

After finishing our interview with M. Sajjad, we requested the jail Superintendent to allow us to meet other under trial prisoners and detenues but she said that it is not permissible under jail. Rules and that they have to obtain specific orders from the court for meeting those under trial prisoners and the detenues. We find that no team constituted by the Hon'ble High Court in 1994 has ever visited the District Jail, Jammu. We were told by the jail Superintendent that there are four Doctors round the clock available in the jail out of whom, one is a physician specialist and that she is personally ensuring that each and every under trial prisoner or a detenue is treated fairly. Since we were not allowed to meet other prisoners and detenues lodged in the jail, therefore, we could not verify the veracity of the statement of the Jail S.P.