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

The team visited District Jail, Udhampur on 17-11-2006 . On the said date, a team of officers which included District and sessions Judge, Udhampur; District Development Commissioner, Udhampur; Senior superintendent Police, Udhampur and chief Medical Officer, Udhampur had also come to the jail for the first time to see the condition of the detenues and under tail prisoners meted out to them over thereit is apt to mention here that the Hon'ble High Court has directed constitution of such kind of teams in every district with a further command that these teams members should visit the jails and interrogation centers located in their districts every month and submit their reports, after their visit, to the Hon'ble High Court regularly. The team had however visited District Jail, Udhampur, for the first time on 16-11-2006 . On the day of our visit, there were 211 detenues and under trial prisoners lodged in the jails, with the following break-up:

Under trial 109 (male)– 04(female) = 103
Under t5rial 5+19(male) – 01(female) = 25
Detenues (J&K) 71(male) = 71
Detenues(Foreigners) 01(male) = 01
Convict 01(male) = 01

There is one Jail Superintendent, two Assistant Superintendent and the Hawalders in the Jail.

The only convict who is lodged in the Jail is one Mohammad Amin Dar HJ/o Banihal , who has been languishing in different jails of the Jammu province for the last 12 years . He has been sentenced to life imprisonment by sessions Judge. Jammu under Enemy Agents Ordinance and the review petition filed by him against the said judgment is pending before the Jammu wing of the Hon'ble High Court.

One lady, who is an undertrial prisoner, lodged in the jail for the last 1½ years is one Mst. Shahmate alias Shasrifa is aged about 35 years. Her case is pending in the Court of Addl. Session Judge, reasi, where she is taken on each hearing by the jail authorities but the case is making no progress. She has no lawyer and had asked for a lawyer but no lawyer has been provided to her. Her father is blind and besides her mother, she has one younger brother, who are not in a position to arrange a lawyer for her.

He is lodged in the jail for the last five years. He has been involved in nine cases.

He is an undertrial prisoner and his case is pending in Addl. Sessions Judges Court , Reasi. He is in District Jail, Udhampur, for the last six months. He has no lawyer to defend him in the Court of law. He had requested the Court to arrange a lawyer for him but no lawyer has been provided to him by the Court. He had requested one Mr. Pawan Kumar, Advocate to defend him but he has demanded Rs.30,000/- from him, which he is not in a position to pay to him.

He is in jail for the last 12 months. He is an under trial prisoner, and his case is pending in the Court of Addl. Session Judge, Ramban, His two brother have been martyred. He has a problem in his eyes but he is not being provided any medical treatment.

The only “foreigner’ lodged in the jail is one Shabir Hussain S/o: Gh. Hussain R/o: Chakoti, Azad Kashmir. He has been languishing in different jails of the State for the last nine years. His name is included in the list of 53 persons who are to be deported to Pakistan but he has not been deported till date. He has now turned mad and does not respond to any query. No case is pending against him in any Court.

The order persons who are lodged in the jail and met the members of the team are:-

Aijaz Ahmad Dar R/o: Chankhan , Sopore:

His case is pending in Sessions Court, Baramulla but he has not been produced in the Court for the last two months.

Hafiz Irfan R/o: Behrainpora Sopere:

His case is pending in sessions Court Baramulla. He has not been produced in the Court for the last 1½ months. His order of detention has been revoked by the Government but since there is no one prepared to stand his surety, he is awaiting his release on bail, if some one is ready to offer bail, on his behalf, he is sure to be released.

Gh. Mohammad Bengi R/o: Baramulla:

His case is not pending in Sessions Court, Baramulla but he has not been produced in the Court from 27-07-2006 . He has also been detained under Public Safety Act (PSA) and his Habeas Corpus Petition is pending in the Hon'ble High Court.

Suhail Ahmad Gadoo R/o Kramshive colony, Sopore:

His case is pending in sessions Court, Baramulla. He has not been produced in the Court for the last 4½ months. He was also detained under PSA, which was quashed by Hon'ble High Court. However, after keeping him in police station Sopore for some time, he has been redetained under PSA and has again been lodged in District Jail, Udampur from the last 1½ month

Bashir Ahmad Shah R/o: Basbarah , Uri:

He is in jail from 01-10-2005 . He was earlier detained under PSA. The order was quashed by the Hon'ble High Court and he was released. After 15 days he was redetained under PSA and from 15-10-2006, he is in District Jail, Udhampur. His case is also pending in the Session Court Baramulla, but he is also not produced in the Court.

Manzoor Ahmad Teli R/o: Chanakhan, Sopore:

His case is pending in the Sessions Court, Baramulla but he has not been proceed in the Court for the last two months. He has also been detained under PSA and his petition is pending in the Hon'ble High Court.

Nizar Ahmad Ganaie R/o: Onagam, Bandipore:

He was arrested on 13-08-2006 , but released on 26-08-2006 . He was again arrested on 07-10-2006 and detained under PSA. He has challenged his detention before the Hon'ble High Court and his petition is pending. He has also a case pending in session court, Baramulla.

Manzoor Ahmad Sofi R/o Dooru Sempora, Sopore:

He was detained under PSA and his order of detention was quashed by the Hon'ble High Court. His case is also pending in Sessions Court , Baramulla, where he is not produced for trial.

Mohammad Ramzan Dar R/o: Roban Sopore:

Arrested on 12/05, was detained under PSA. His detained was quashed by the Hon'ble Court but he has been redetained under PSA. He has challenged his second order of detention as well and his case is pending in Hon'ble High Court. His case is also pending in Session Court, Baramulla but he is not produced in the court for trial.

Gh. Abbass Shah R/o: Rafiabad:

He is in jail for the last nine months. His case is pending in Sessions Court Baramulla but he has not been produced in the Court for the last three months.

Showkat Ahamd Malik R/o: Shalapora, Sopore:

He is in jail for the last 14 months. He was detained under PSA, Which was quashed by the Hon'ble High Court. He has, however, been redetained under PSA. He has a case in Sessions Court Baramulla but he has not been produced in the Court for the last three months. His two brothers are blind and his father is disabled person.

Latief Ahmad Shah /o: Dangerpora, Sopore:

He is detained under PSA and his petition is pending in the Hon'ble High Court, No case is pending against him any Court because the challan of the case registered against him by the police, has not been filed in Court. His brother has gone to the police for filling the challan in the court but they are demanding money for producing the challan in the court.

Shabir Ahmad Lone R/o: Nadihal, Rafiabad:

His is detained under PSA and his petition is pending in the Hon'ble High Court. His case is also pending in Session Court, Baramulla but he is not produced in the court for trail.

Javid Ahamd Dar R/o:Bandipora:

He is in jail for the last 3 ½ months under PSA. He had a case in Session Court Baramulla, which has ended in his acquittal. Investigation in another case, registered by the police, is complete but challan has not been produced in the Court.

Mohammad Rafi, R/o: Dalina, Bramulla:

He is in jail for the last seven months. His order of detention has been quashed by the Hon'ble High Court but a case is pending against him in Session Court Baramulla but he is not produced in the said Court for trial. His date of hearing was fixed on 6-11-2006 and 15-11-2006 but he was produced in the Court on the aforesaid dates of hearing. During past seven months, he has been produced in the court.

Mohammad Ashraf Bhat R/o:” Bandipora:

He is in jail for the last3 ½ months under PSA. No case is pending against him in nay court. His parents are dead and he has no one to take care of him.

Manzoor Ahmad Waza R/o: Baramulla:

He is in jail for the last one year, under PSA. He has a case in Baramulla also but he has not been produced in the court fort the last 2 ½ months. His father is an old person and his brother is disabled. There is no one to help him. PSA order has been challenged by him before the Hon'ble High Court.

Noor Mohammad Piswal R/o: Kodare, Bandipora:

He is in jail for the last 20 months. He was firstly detained under PSA and after about one year, his order of detention was quashed by the Hon'ble High Court. He was also granted bail by Session Court Baramulla but after keeping him in CIK Srinagar for 1½ months an in police station bandipora for 20 days, he was redetained under PSA and lodged in District Jail, Udhampur. His father is an old man and his brother is of tender age. He is married but has no issue.

Abdul Majid Sofi R/o: Fatehgarh, Baramulla:

He was arrested and detained under PSA. His order of detention was quashed by the Hon'ble High Court but he was not released. He has a case in Sessions Court, Baramulla, but for the last 4 months he has not been produced in the Court. His parents are old and they are not in a position to come to the jail to meet him. He has been redetained under PSA.

Imtiyaz Ahmad Lone R/o: Sangrama, Baramulla:

He was arrested and detained under PSA , which was quashed by the Hon'ble High Court. He has been redetained under PSA. His case is pending in Sessions Court, Baramulla , but he is not produced in the Court the Case was last fixed on 06-11-06 but is married and besides his wife , he has three children. There is no other person at his home to take care of him or of them. The Police District Lines is responsible for our non-production in the court.

Tanveer Ahmad Saleh R/o: Baramulla:

He is in jail from 2000. He has been detained third time under PSA and a case is also pending against him in Session Court, Baramulla but he has not been produced in the Court on the last three hearings. He has a heart problem And occasionally he faints. He remains unconscious for about half an hour. He needs immediate medical treatment but he is not provided the said treatment. When he is taken to the hospital, there doctors first ask as to in which case he is involved and if they are informed that he is involved in militancy then they refuse to treat the patient. He has been tortured in interrogation centre and because of interrogation he became a heart patient.

Gh. Nabi Dar R/o: Sopore:

Nizar Ahmad Dar R/o: Sopore
Mohammad Aslam Khan R/o: Bandipora
Shabir Ahmad Sofi R/o: Rafiabad
Fayaz Ahmad Lone R/o: Sheeri Baramulla.

The aforesaid persons have also been redetained under PSA second time without and justification, rhyme or reason.

Manzoor Ahmad Sofi R/o: Baramulla.
Bilal Ahmad Beg R/o: Kupwara.
Maqsood Ahmad R/o: Uri.
Mukhtar Ahmad Bhati R/o: Uri.

The aforesaid person are also lodged in the jail under PSA. Cases registered against them by the police have been investigated but challans have not been produced in the courts. They say that police is not deliberately producing the challan against them and as soon as their orders of detention will be quashed by the Hon'ble High Court, cases will be filed against them in the courts to

Mohammad Afzal R/o: Kupwara.
Farooq Ahmad Hajam R/o: Kupwara
Mohmmad Jamwal Bhat R/o: Handiwara.

are the other detenues / undertrial prisoners lodged in the jail, who has been taken to the Court, for a hearing on 17-11-06 when we visited the jail they has been taken to court after eight months and were expected to be brought back by 18-11-06.

All the jail inmates were happy with the conduct and behaviour of jail staff towards them. Mr. Dinesh Kumar, is the Superintendent of the jail and he bas been there for the last three years. They however stated that under jail rules, the detensues under PSA, have three categories and all the detenues of the jail have been placed in category “C” and while as A and B category are paid Rs.25/- and Rs.22/-, these detenues placed in category C are paid Rs.17/-per day. The amount is not paid in cash but ration in the amount of Rs.17/- is given to them per day. The under trail prisoners are given ration equivalent to Rs.12/- per day an it is with great difficulty that the detenues and the undertrial prisoners make their both ends meet, in the jail . They are allowed to take cheese once a week and on Idd day. They are given ration worth Rs.10/- more. They can purchase and cook meat with their own funds, as & when they like. There is a doctor posted in the jail but he comes thrice a month to the jail. His behaviour towards the detenues and undertrial prisoners is not good. There are four detenues namely Mohammad Rafiq Mattoo, Nasir, Ishfaq Ahmad Bhat and Mohammad Ashraf who need Surgery but no attention is paid to them by the jail Doctor. He treats only those persons who pressurise him and does to pay any attention to the person who is gentle and noble. A medical Assistant namely Abdul Rashid is also posted in the jail but he too is not helpful to the detenues and undertrail prisoners lodged in the jail.

The undertrial prisioners of the jail belonging to Kashmir provice have a common grivence that they are not prodiced in the Court on the dates of hearing fixed in their cases. They soaid that 65 prisoner are facing trial, at Baramulla but during last six months only 30 prisoners have been produced in the courts. The other 35 are waiting for their production in the courts for the last six months but no steps have been taken by the jail authorities or the police to take them to the courts for the hearing. They said that it is District Police Baramulla, which is responsible for their non-production in the Court. They said that police takes only that detenue to the court, who pays them and the one who does not pay is not taken to the court. They said that since their cases are pending in Sessions Court Baramulla, therefore, they should be shifted to Baramulla jail, so that they can be produced in the Court on each date of hearing.