DISTRICT JAIL KOTEBHALWAL

We went to Central Jail Kotebhalwal, Jammu on 20-11-06. The Jail S.P told us that he has been transferred to the jail only in the evening of 17-11-06. He also told the Bar members that all Asstt. Superintendent of the Jail were on duty and no one has been shifted to JIC for any kind of for any kind of interrogation. He also said that no member of the jail staff is absent from duty.

There are 383 detenues and under trial prisoners / lodges in the Central Jial Kotebhalwal, Jammu, whose break up is an under:-

Convicts (RI) = 61 (M)

Convicts (SI) = 01 (M)

Under trial (Militants) = 47(M)

Detenues = 211

Under trial C/Law = 25

Total = 345

Foreigner:

Under trial = 06 (M)

Detenues = 32

Total = 38

There are 25 baracks in Central Jail Kotebhawa, Jammu, in which the aforesaid detenues and undertrail prisoners have been lodged. It was disclosed by the S.P. of the Jail that before his posting in the Jail, an amount of Rs.25.00 lakhs has been misappropriated by his predicessors and as he has no money therefore, he has been compelled to stop all the facilities to the detenues and undertrial of the team by he inmates of the jail that there is no medical facility available in the jail. News papers have been stopped and neither the prisoners are taken to hospital nor they are being produced in the courts. They also said that today was Medical OPD but no one has been produced before the Medical officers for treatment. It was told to the team that one Dr. Vena. Eye specialist is treating all the prisoners of the Jail. There is no Dentist in the Jail available. A Dental Technician comes once a week to the jail.

Since before our visit to the hail, central jail Kotebhalwal, Jammu was in the news, therefore, we first of all wanted to know as to what the matter regarding the SIM cards which was highly publicized by Sheikh Abdul Rashid, Jail Superintendent through print and electronic media. We were told by the jail inmates, in presence of the jail staff as fallows:-

The wife of one Gurmeet Singh R/o: Jammu, an under trial involved in a murder case had to come to meet him in the jail. She was not permitted by the jail staff to meet the prisoner. She therefore, informed Gurmeet Singh on Mobile phone that she is not being allowed to meet him. Since CID people are always there outside the tail, they saw the wife of Gurmeet Singh talking to him on her Mobile. They accordingly informed the S.P. of the jail. The S.P of the jail went to the Gurmeet Singh and recovered the SIM card as well as the Mobile from him. Around the same time, the S.P came to know that another under trial namely Sanjeev Simyal R/o: Samba, Jammu has also SIM card. The S.P Jail instead of recovering the SIM card from Sanjeev asked Altaf Ahmad Chowdhary, Zindaan to recover the SIM card from Sanjeev and hand over the same to him. Acting on the instructions of Sheikh Abdul Rashid , S.P. of Jail . Altaf Ahmad Chowdhary recovere the SIM card from Sanjeev and handed over the same to S.P of the Jail. Instead of appreciating the role of Altaf Ahmad Chowdhary, Ab. Rashid, S.P of the jail told the press that he has recovered the SIM card from Altaf Chowdhary, which is not a fact. It was also told to the team that though the S.P. of the jail has been arrested or detained by the police. The Bar team saw the four Asstt. SP’s present in the jail. The names of those Assitt. SP’s is under:-

Mr. Harbans Singh, Deputy Superintendent was present in the jail.

It is told to the members of the team by the Jail Staff that on official letter had come to them for giving their statements had come to them for giving their statements in the matter, which they have complied with. They also said that newspapers of the Jammu based have all along played a negative role in the matter. They have done so at the behest of Abdul Rashid, S.P. of the jail, whose role in the entire matter has been dubious. It was stated by the jail staff that the statement made by the home people of Abdul Rashid has also been got published by Abdul Rashid himself. He is a criminal minded personal and has badly damaged the reputation of the jail. They said that D.C. and S.S.P. Jammu had visited the jail and they did not find any thing wrong in the jail. The bar team met the following detunes and under trail prisoners of the jail:-

Arrested in 1995, he was challaned in the Court of Sessions Judge, Jammu , where he has been convicted and sentenced to 22 years and 6 months imprisonment on 10-11-2006 . He told the members of the team that he had engaged a lawyer in the case and had also paid him Rs. 1,50,0000/- 22 witnesses had been examined by the prosecution in the case who had deposed in favour of the prisoner. There were only two witnesses left but the prosecution did not produce those two witnesses for three years. Since the Court did not close the evidence of the prosecution and dragged the matter on without any further progress therefore he was forced to confess which resulted in his conviction and sentence. He has already spent 7 years and 9 months and is undergoing the remaining sentence in the jail.

Arrested in Feb, 2002, he has been challaned in the Court of Session Judge, Jammu . Out of 15 witnesses, three have appeared so far. He has paid Rs. 35,000/- to his lawyer Shri. S.S. Khanan, Advocate so far.

3. Altaf Ahmad Chowdhari R/o: Rajouri:

Arrested on 6-03-2000 , he was put up for trail in a case under Enemy Agents Ordinance before Sessions Judge, Jammu . Out of 24 witnesses, 11 have been examined. He had engaged Shri Anil Sethi Advocate, as his counsel and has paid him Rs. 30,000/- but for his arrest, he has now engaged Mr. Shakeel Ahmed, Advocate, as his counsel in the case. He said that the Court fixes dates in his cases after every 2½ months. The P.P. of the Session Court Jammu useses all tactics to delay the case. If a question is asked from the witness, the PP replies on his behalf. On 8-11-2006 and 9-11-2006 , CID people had come to the Court to arrest the person who wanted and come but they had to leave because they sensed threat to their lives. If same position is allowed to continue the he is bound to get convicted in the case.

4. Anayat Uallah R/o: Kupwara:

Arrested in July, 02 but subsequently released. He was at him home from 2003 to 2005 on 2-9-2005 , he was called by S.P. Kupwara and detained in police station Kupwara. A challan was thereafter produced against him in the Court of Sessions Judge, Kupwara on 22-3-2006 . He was acquitted by Sessions Judge, Kupwara on but he was again arrested by the police and taken to police station. He was kept in police station for ten minutes and then shifted to JIC, Srinagar . He remained in JIC, Srinagar upto 26.3.2006. Where after he was produced in the Court of Munsiff, Kupwara on the allegation that he has been arrested during the night with arms and ammunition. He was thereafter detained under PSA and from April 2006 he is in Kotebhalwal Jail, Jammu . He has filed a petition against his order to detention, which is pending in the Hon’ble High Court.

5. Mohammad Rustum Lone S/o: Abdul Azia R/o: Sogam:

He has been arrested in 2002 and booked in three cases. In all the three cases he has been granted bail. Despite bail, he has not been released. It is his third order of detention under PSA. He is lodged in the Jail, in the cases in which he is produced after every 4/5 months.

6. Haji Nizam-ud-din R/o Reasi, Jammu :

A 75 years old man, he has a house at Kokernag, Anantnag also. Last year, on 4 th day of Eid, he was arrested by the police from his home. A challan was presented against him in Sessions Court Reasi, Jammu . He was released by the Court after two months. He had gone to Jammu in connection with the case of his son on 11-10-2006 where he was arrested and later detained under PSA.

7. Abdul Ahad Rather S/o: Gh. Mohammad Rather R/o: Bandipora.

8. Ab. Ahad Rather S/o: Mohammad Maqbool Rahter R/o: Tikkipora, Lolab.

The aforesaid persons have been involved by the police in the killing of Mr. Mushtaq Ahmad Lone. They were arrested on 12-6-2003 in FIR No. 58/03. Simultaneously, they were booked under PSA. They challenged their order of detention before the Hon’ble High Court and while as in the case of Ab. Ahad Rather S/o: Mohammd Maqbool Rather, the High Court quashed his order of detention, but the petition filed by Ab. Ahad Rather S/o: Mohammad Maqbool Rather, has been dismissed by the Court. The matter is now before the Hon’ble Division Bench.

It was stated by Ab. Ahad Rather S/o: Gh. Mohammad Rather that after his first detention order was quashed by the Hon’ble High court, he was released from the jail on 3-1-2005 , but was re-arrested by the police outside the jail. He was kept in CIK, Srinagar for three months and then booked in a false case. It was down in the papers that he has been released but was never released. Challan in FIR No. 5/2003 has been filed after a year had in the meanwhile another order under PSA was issued against him on 17-3-2005 . he filed another petition against the said order but his petition has been dismissed by the Court.

Both the aforesaid persons been arrested by the police in 2006 and detained under PSA. They have filed petitions against their order of detention which are pending before the Hon’ble High Court.

Both the aforesaid persons stated before the team that they are in jail for the lat four months. They were earlier arrested by the police but were bailed by the Court. After one year, they have been again arrested and detained under PSA and lodged in Central Jail Kotebhalwal, Jammu . They have no one at home they have however, challenged their detention before the Hon’ble High Court, their petition is pending disposal.

It was stated by Farooq Ahmad Sheikh S/o: Ab. Rehman that his case is pending in the Court of Third Additional Sessions Judge, Srinagar but he is not being produced before the Court. He has also been detained under PSA and he has filed a petition before the Hon’ble High Court.

Farooq Ahmad Sheikh S/o: Mohammad Akbar stated that his case is pending in Anantnag but he is not being produced in the Court. He has also been detained under PSA and his petition is pending in the High Court.

Mohammad Yasin Dar and Dildar Ahmad Dar told the Bar team that 1½ month before, Mohammad Yasin Dar was arrested by the police and then brought for effecting some recovery. Since nothing was recovered from the house, the STP personnel while searching the house also threw away the Holy Quran. Dildar Ahmad rebuked them on this act of discretion. Both the brothers were thereafter arrested and detained under PSA and lodged in Kotebhalwal Jail. Dildar Ahmad is a ‘Hafiz’ and he as well as his brother have been detained in the jail without any justification.

Arrested in 2002, he was an under trail prisoner in Central Jail, Srinagar and as an under trail prisoner he was lodged in Central Jail, Srinagar . His case is still pending in Budgam but he has been shifted to Central Jail Kotebhalwal, Jammu without any reason. He has also been detained under PSA and he has filed a petition in the Court against his detention.

Arrested on 19.06.2006 from SMHS Hospital , Srinagar , after keeping him at different places, he was shifted from Central Jail, Srinagar to Jammu on 06-10-2006 . Firstly, he was dept in police station Bus Stand Jammu upto 19-10-2006 along with one Rafi Sheikh R/o: Doda and there after shifted to District jail, Amphalla, Jammu. He was interrogated there by Raghbir Singh, Asstt. Superintendent. He told the team that whosoever is taken to District Jail, Jammu , his hair are shaved in the jail. One who does not allow the shaving of his hair, it is done forcibly. He said that he did not permit the jail authorities to shave his hair but they forcibly shaved his hair and booked him to bark No.10 of the jail. He said that personas are made to work in the jail. He also said that jail authorities keep the prisoners in barracks and they did not allow them to intermingle with each other. He said that 11 cases have been registered against him but no challan has been presented in the Court law. He said that he has been detained under PSA on 15-11-2006 though the date written in the order is 3-10-2006 .

Nazir Ahmad Reshi was working Alsafa and Kashmir Newson 2-12-2005 , he was arrested by SOG from his home. He was first taken to Ganderbal and then to Harwan. He was tortured there. He was then taken to Cargo and from Carego to CIK and from CIK he has been shifted to Central jail, Kotebhalbal, Jammu . He is in Kotehbalwal, Jammu , from 2-2-2006 . He has been detained under PSA and he has filed petition in the High Court.

20. Abdul Rashid Khan S/o: Mohammad Maqbool R/o: Dedikot, Kupwara.

He was arrested by the police and after keeping in various interrogation centres was finally lodged in Baramulla Jail. He remained there for three months and there after shifted to Central Jail Kotebhalwal, Jammu . He is in Kotebhalwal Jammu for the last 8 months. He is a labourer and has been detained under PSA without any justification. He has filed a petition in the High Court but does not know as to what has happened to his case.

21. Jalal-ud-din Wani S/o: Ab. Aziz Wani R/o: Yaripora, Kulgam: He is in Kotebhalwal Jail, Jammu for the last 8 months. He has been detained under PSA. There are only 3 ladies at his home, one is his wife another is his daughter and the third is his sister in law. he had a shop which has been blasted by the police. He has been detained under PSA and he has filed a petition in the Hon’ble High Court.

22. Gh. Hassan Bhat S/o: Mohammad Bhat, R/o: Marhama, Sangam:

He was detained under PSA. The order under PSA was subsequently revoked but he was detained under another PSA order. He has filed a petition in the high Court and is awaiting the judgement in the High Court and is awaiting the judgement in his case. A case is pending against his at Anantnag but he is not being produced in the Court.

23. Tariq Ahmed Shah R/o: Bijbehara, Anantnag:

Arrested in 3/2005, he was later detained under PSA. He is in detention for the last 20 months. He has filed a petition in the Hon’ble High Court and does not know as to what has happened in his case.

24. Showkat Ahmad Darzi R/o: Barzulla:

Arrested on 20-12-2005 , a case is pending against him in the court of 3 ASJ, Srinagar . He was once produced in the Court but thereafter he was never taken to the Court.

25. Gh. Nabi Dar R/o: Chanakhan, Sopore:

Arrested on 20-12-2005 he was later detained under PSA. He has filed a petition against his detention order before the Hon’ble High Court, which is pending. He has a case in the Court of Sessions Judge, Srinagar but for the last 4/5 months he has not been produced, in the court. He does not know as to is his case fixed in the court.

Farooq Ahmad Chee R/o: Srinagar : he is an accused in the case titled ‘State vs. Nazir Ahmad Sheikh. The case was pending in the Court of Spl. Judge (TADA), Jammu , which is now been transferred to Additional Special Judge (TADA), Srinagar . His co-accused Nazir Ahmad Sheikh is causing his appearance in the case but Farooq Ahmad has been kept in Central Jail Kotebhalwal, Jammu and he has not been produced in the Court so far.

26. Javid Ahmad Lone R/o: Arigam, Budgam.

27. Mohammad Sultan Lone S/o: Ghulam Nabi Lone, R/o: Handwara.

Mohammad Sultan Lone is in Kotebhalwal Jail for the last nine month and Javid Ahmad Lone for the last six months. Both have been detained under PSA. They have filed petitions against their detention before the Hon’ble High Court, which are pending.

28. Mohammad Sharief S/o: Noor Mohammad Malik R/o: Bimber, Azad Kashmir POK:

Arrested at Nowshera, Border. He is in jail for the last 14/15 years. A case under Enemy Agents Ordinance was filed against him before the Court wherein he has been sentenced to ten years imprisonment. The sentence has been served by him but he is still in the jail for the last ¾ years without any justification. He wants that he should be deported to his country.

29. Naik Mohammad S/o: Atta Mohammad R/o: Afghanistan :

Ten years before, he had come along with is wife and children to Jammu . He was arrested by the security forces and handed over to police. He as produced in the Court, where he was convicted and sentenced to two months imprisonment. He has served the sentence of two months a long time back but he is in the jail for the last ten years. Naik Mohammad is of 70 years of age. He does not known as to where his wife and children are. He had come to Delhi in 1980 from Afghanistan . He was in a Refugee Camp in Delhi and was recovering monthly aid of Rs. 3,000/-

30. Mohammad Asif Khan (Badshah Hawaldar) S/o: Abdul Baraq (Barak Hawaldar) R/o Judhara, district Begerhat, Bangladeh :

Mohammad Asif Khan is a Bangladeshi national and had come to India for a job. In the month of September-2003, he was arrested at Shalimar Road , Jammu and detained in Police Station, City Chowk, Jammu . He was the after production before a Court, where he was sentenced to six months imprisonment. After serving the sentence, he was in taken to police station City Chowk, Jammu where he was again detained under Public Safety Act and lodged at District Jail, Jammu . After the expiry of the period of detention, another order of detention has been passed against him and he has been now lodged at Central Jail Kotebalwal, Jammu .

Muhammad Asif Khan had requested the jail authorities for his deportation to Bangladesh and his family members had also approached the Bangladesh Red Crescent Society for the purpose but he has not been deported to Bangladesh because in the orders of detention, he is shown to be a resident of Mohalla Gudra, Sabzi Mandi, Karach , Pakistan .

31. Muhammad Farooq Raja S/o: Mohammad Sher Raj R/o: Kotli Azad Kashmir :

After his arrest, he was firstly detained under PSA vide order No. Home PB-V/194/99 dated 28-12-1999 from 29-12-2001 . He was redetained thereafter under PSA vide order No PB-V/231/99 dated 16-5-2000 w.e.f 28-12-2001 and is still in jail under the same order.

Though the jail authorities know and they have got it also verified through SSP CID, Srinagar that the detenue is a resident of Kothi, Azad Kashir, yet they have now recorded the address of the detenue as under:

Mohammad Farooq Khan Raja,

S/o: Mohammad Shir Khan Raja,

R/o: Near Dhobi Masjid, Dhobi Mohalla,

Bazar Batamaloo, Srinagar ,

and have thus made his deportation to his country impossible.

32. Mohammad Ismail Chowhan S/o: Alam Din r/o: Muzaffarabad, Azad Kashmiri:

The detenue was running a non-governmental Organization (NGO) in Azad Kashmir and on 221-10-05, when he and his associates were busy with rescue work in a quake hit village of Azad Kashmir, near Kamanpost, he lost his way and by mistake crossed over the line of Control and found himself on this part of Kashmir only when he was arrested by the security forces and after interrogation was handed over to the police and since then is languishing behind the bars and is right now in Kotebalwal jail Jammu under PSA in terms of order dated 10-07-2006.

He had approached all the authorities in writing for his deportation to his country but all his efforts have proved futile.

33. Muhammad Awais R/o: Rahim Dad R/o: Eidhah, COXS Bazar, District Chitogog , Bangladesh :

Arrested on 26-1-2005 at Hiranagar and later a challan was filed in the court at Hiranagar, where he wassentenced to 6 ½ months imprisonment. After serving the sentence, he was kept in Jhandi Jail for ten months and there after in Central jail Kotebalwal under PSA in terms of order No. 294 of 2006 dated 11-2-2006 . he had approached the Bangladeshi Embassy in writing for his deportation to his own country but nothing has happened so far. In PSA papers, his name has been shown as Khanwaz S/o: Rahim Dad R/o: Karachi Pakistan which is totally wrong.

34. Mohammad Hafeez S/o: Mohammad Jaffar R/o: Kolatuli Tehisl COXS Bazar, District Chitagong, Bangaldesh:

Arrested on 19-8-2004, at Hirannagar, a case was filed against him in the Court at Hinangar, where he was sentenced to three years imprisonment. Even though he is a Bangladeshi national but in the records he has been shown as a Paksitani. He has been produced before Sessions Judge, Kathua by Superintendent jail, Hirangar, who took pity on him and sent him for Pakistani counseling to Amritsar, where he was declared a Bangadeshi national and not a Pakistani. Though he was given two years remission by sessions Judge, Kathua and after serving sentence of one year, he was released from hiranagar jail but instead of pushing him back to Banladesh, he was kept in pokice station for eight months and thereafter detained under PSA vide Order No. 295 of 2006 dated 11-2-2006 and lodged in Central Jail, Kotebalwal, Jammu in his detention order, his address has again been shown as R/o: Mandi Bazar, Karachi, Pakistan.

Besides the aforesaid detunes and under trail prisoners, the following are also lodged in the jail:

35. Bilal Ahmad Sidiqi S/o: Ghulam Mohammad R/o: Kursoo Rajbagh, Srinagar :

The detenue was arrested in 1988 and detained in PSA. He was released in 1991. he was again arrested in 1996 at Delhi in FIR No. 571/96 of Police Station Jahangirpuri and a challan was filed against him in the Court, where he was convicted and sentenced to seven years imprisonment and a fine of Rs. 30,000/- and was lodged in Tihar jail Delhi. He completed the sentence on 9-8-2005 but he was not released, but was booked in FIR No. 8/91 of police station Maharaj Gunj, Srinagar . He was admitted to bail in the said FIR on 5-11-2005 , but was not again released and instead was booked under PSA vide order dated 7-2-2006 and lodged in Kotebalwal jail, Jammu . He challenged his detention before the Hon’ble High Court which accepted his petition and directed his release. He was not again released but was booked in FIR No. 2/83/88 on 10-7-2006 and again detained under PSA vide order dated 31-10-2006 and lodged at Central jail, Kotebalwal Jammu.

36. Abdul Aziz Dar S/o: Mohammad Sidiq Dar R/o: Near Central Jail Srinagar :

The detenue was first arrested in 1992 and after keeping him in various interrogation centres, he was finally detained under PSA and lodged in Udhampur Jail even through his order of detention was quashed by the Hon’ble High Court and he was also released from detention but was again arrested and remained in hall as an under trail for a considerable time. Sensing that he may be released by the Court in those cases, the detenue was detained under PSA several times. One such order of detention was passed by Divisional Commissioner Kashmir on 30-12-1999 . The order was challenged by the detenue before the Hon’ble High Court and it was quashed in 2000 but he was not released as was again detained under PSA. He was finally released in 2002 but was again detained 2003 and was detained under PSA on 17-3-2004 and was lodged in Kotebalwal Jail. The said order of detention was quashed by the Hon’ble High Court on 25-5-2005 but the detenue was not released and was again detained under PSA vide order dated 24-8-2006. The said order of detention was also challenged by the detenue before the High Court but in order to render that petition anfractuous, the Government vide order no. Home (PBV) 2501 of 2006 dated 24-11-2006 has revoked the order of detention of the detunes and has framed the detenue again in a criminal case, so as to make his released impossible. The detenue has suffered more than 12 years incarceration till date and there seems no end to his miseries.

From what we have seen and observed in Kotebalwal jail is that there are numerous foreigners, whose particulars have been wrongly recorded by the authorities in the record with a design of making their deportation impossible. Such detenues have already served the sentence but even then they are languishing in jails. Those of the detenues and under trail prisoners, who belong to J&K State and particularly the Kashmir provision, they are not being produced in the Court on the date of hearings, only to prolong their trail and to make their discharge or acquittal impossible. The Public Prosecutor of Pr. Sessions Judge, Jammu has all along been harassing and humiliating those under trail prisoners, who cases are pending in the Sessions Court. Not only the accused but the witnesses are being harassed by him. Most of the witnesses, wensing threat to their life and liberty, have abandoned the causing of their appearance in the courts and to give evidence in the case.

In Kotebalwal Jail, Jammu the detenues and under trail prisoners are facing many problems now in their day-to-day affairs because the predecessor of the present jail Superintendent has tried to implicate them in SIM Card episode. There has been a huge embezzlement in the jail, which has been detected now and the result is that the detenues and under trail prisoners are being made to face the burnt of that embezzlement. They are neither being provided medical treatment nor are they being produced in the Court on the dates of hearing on the ground that no funds are available with the jail authorities. Their milk supply has been stopped and as there is scarcity of ration in the jail all the detenues and under trail prisoners are being made to starve. In our presence, the jail Suptd. Wrote a letter to the Prisons department for providing him funds for the jail but to our information, no funds have been provided in so far to facilitate the day to day affairs of the jail including the production of detenues and under trail prisoners in Courts and / or to arrange medical treatment for them. Because of the SIM Card episode, the visitors, who want to meet the detenues and under trail prisoners are also facing a lot of problems in meeting the prisoners. Over and above the non-availability of legal aid of Jammu based detenues and under trail prisoners is another issues of worry, which is course, had to be addressed on top priority.

While this report was in the process of being prepared and released to press, it has been reported that today i.e. on 17-12-2006, early in the morning, when the under trail prisoners of the Kotebalwal Jail, Jammu were going of offer ‘Fajar” prayers,” the jail authorities made the forces on duty in and around the jail to fire on them as a result of which, three innocent detenues/ under trail prisoners got killed and scores of them injured. It is thus apparent that the jail has been converted into an assassination Centre by the jail authorities and the forces posted there and the life and liberty of the detune under trail prisoners is now unsafe.