Report of the team of members who visited various jails from 14. 10.2009 to 19.10.2009

It was decided by the Newly Elected members of the J&K High Court Bar Association in its meeting dated 20.09.2009 that a team of lawyers shall visit various jails in Jammu province to see the conditions of the jails and seek interviews with the political detenues and undertrial prisoners lodged in different jails in Jammu province, in connection with the involvement in Kashmir freedom struggle. Accordingly the Bar Association approached the Hon’ble High court J&K through the medium of an application in OWP No. 767/06 titled J&K High court Bar Association Versus State and others. The Hon’ble High Court of J&K was pleased to direct the State Authorities including the D. G. Prisons to facilitate the Jail visit of the members of J&K High court Bar Association without any obstruction. Interms of the orders dated 16.09.2009 passed by the Hon’ble High Court in CMP No. 1270/09 a team of lawyers, which comprised of the following:

Went to Jammu on 14.10.2009 to meet the political detenues/under trial prisoners of J&K lodged in various jails in Jammu Province.

It was on 15.10.2009 the visiting lawyers namely Mian Abdul Qayoom President, Aijaz Bedar Vice President, Tanveer Ahmad Bhat Treasurer, Rafiq Ahmad Joo Executive Member, Arshid Andrabi Member, led by the Hon’ble President started their jail visit with interactions with the political detenues/undertrial prisoners lodged in District Jail Udhampur. The Hon’ble President has made separate report of the visit of district jail Udhampur.

In order to expedite the jail visits in a reasonable time two teams were constituted led by Mr. Mian Abdul Qayoom (President) who was accompanied by Mr. Arshid Andrabi (member) and another team was led by Mr. Aijaz Bedar (Vice-President) and other members of the team were G. N. Shaheen, Tanveer Ahmad Bhat and Rafiq Ahmad Joo Advocate.

The team led by Mr. Mian Abdul Qayoom visited Kuthwa Jail on 16.10.2009 and interacted with the detainees and undertrial prisoners in the jail. The Hon’ble President has prepared a detailed report about this jail visit which is part of this report.

Another team led by Mr. Aijaz Bedar Vice-President on 16.10.2009 visited Central Jail Kotebalwal Jammu. The Superintendent Central Jail Kotebalwal Jammu Mr. Saleem Ahmad Beigh candidly in observance of the court directions facilitates the interactions of the visiting lawyers with the various detenues and undertrial prisoners lodged in his jail. The Superintendent of the Jail was gracious in furnishing detailed information about the detenues, undertrial prisoners and the convicts lodged in his jail. According to the information furnished by the Superintendent of the Jail there were 306 prisoners in the jail with the following breakup.

This number includes foreign prisoners with the following breakup.

As per the statement of Militancy related undertrials of Central Jail Kotebalwal Jammu as on 15.10.2009 there were 46 undertrials and as per the statement of militancy related detenues as on 15.10.2009 there were 50 detenues the detailed description of whom is given in the enclosed statements furnished by the Superintendent central Jail Kotebalwal Jammu.

The visiting lawyers interacted with a number of detenues and undertrial prisoners related to Kashmir freedom struggle and by large all the persons/prisoners who interacted with the members of the team complained about the inadequate legal defence before the courts in their respective cases. Especially the detenues and undertrial prisoners from district Dooda, Kishtiwar, Rajouri and Poonch complained about this inadequate legal defence. In light of the discussions with the prisoners from these areas, the member lawyers of the team are of the opinion that the legal defence is not available to these prisoners and are mostly unrepresented before the courts as a number of detenues even do not remember the number of their FIR or the charges they face before the courts. Mostly these prisoners are not brought before the courts on due dates to the astonishment of the lawyers a number of undertrial prisoners have not been produced before the respective courts past one year on any due date. Shakeel Ahmad Bhat S/o Ghulam Qadir R/o Fateh Kadal Srinagar complained that I have not been produced before the court of Additional Sessions Judge Srinagar for last 15 months on any date of hearing in the case in which I face charges u/s 7/25 Indian Arms Act

The inmates of the jail complained about the insufficient and unhygienic food provided by the jail authorities to the prisoners and on this allegation the inmates had observed hunger strike on 15 th & 16 th of October 2009 in the jail. While talking to Zahoor Ahmad Bhat, Sheikh Mohammad Abdullah, Aftab Abbasi, Mohammad Yousuf Khan, Mohammad Ramzan Dar, Mohammad Afzal Lone, Mohammad Qasim, Sheikh Aslam, Abdul Hamid Tantray and others it was felt by the members of the team that appropriate medical facilities are not available and provided to the inmates of the jail. The prisoners complained that the dinner is provided to the inmates at 5O’Clock in the evening and the same is to be eaten by the inmates at 8 O’Clock and till then the food provided to them becomes too cold to be taken. Mohammad Afzal Lone (detenue) S/o Abdul Rehman Lone R/o Kulgam who had been also a law officer suffers from acute pancreatic disease and was advised to undergo endoscopy test. When he was taken to Govt. medical college Jammu for the endoscopy test the doctors of the institute because of their communal feelings fixed 23.04.2010 date for endoscopy test. This speaks about the criminal negligence and breach of duty on the part of the GMC Doctors towards the ailing inmates of the jail.

The undertrial prisoners complained about the conduct of the Judges before the courts in Jammu Province and said that the Judges do not give fair hearing to the accused and do not allow the accused to defend their cases properly as such the accused remain defenseless before the courts which is the cause for growing no. of convictions awarded by the concerned courts in various cases. Abdul Hamid Tantray S/oAbdul Jabbar Tantray R/o Loran Mandi Poonch complained that my case is pending before the court past 10 years and I am being tried for the charges under section 7/25 Arms Act but court does not deliver the judgment when I have already completed prescribed punishment for the said offence. Mohammad Aslam Sheikh Complained that Additional Sessions Judge Kuthwa is not even framing the charge against me past 1 ½ year in the case.

Mohammad Farooq Sheikh S/o Mohammad Muneer Sheikh R/o Sialkot Pakistan complained that I was arrested in January 1998 from Rajouri and five years before my counseling has taken place for deputation but till date I am lying in this jail past 10 years. The convicts in the jail who are foreigners by and large have completed the awarded sentence by the respective courts but no process for deputation is being ensued to deport them back to the native countries and as such these foreign inmates are languishing in the jails without any legal justification.

The members of the team interacted with the inmates of the jail upto 5.00 p.m. in the evening on their visit to the jail and after the interactions, the visiting members of the team brought all observations to the knowledge of the Superintendent of the jail and recommended various measures to reduce the grievances of the inmates.

On 17 th of October 2009, the team led by Mr. Aijaz Bedar Vice-President visited Central Jail Amphala Jammu. Though the 17 th was a holiday in view of the Hindu festival Dewali, the concerned Superintendent of the Jail namely Mrs. Rajni Sehgal in observance of the court orders facilitated interviews with the inmates of the Jail and provided every information candidly. As per the information by the concerned superintendent Jail there are 594 inmates in the jail with the following breakup :

This number includes foreign prisoners with the following breakup:

As per the statement of militancy related detenues/undertrial prisoners in Central Jail Amphala Jammu there are total 28 inmates, the detailed description is given in the enclosed monthly statement dated 30.09.2009 provided by the concerned Superintendent.

The members of the team interacted with a number of detenues and undertrials in this jail who are by and large from Jammu province and foreign militants.

While talking to Rafiqa W/o Abdul Kabir Lone R/o Doolhasti Kishtiwar she narrated a painful story of her arrest and continuous jail custody since 01.03.2008. it is pertinent to mention that her husband namely Abdul Kabir Lone is also imprisoned in the Jail in a particular FIR and both husband and wife are facing trial before the Sessions Judge Jammu for the charges u/s 7/25 Indian Arms Act and 3EAO but till date none of them is bailed out by the said court. Though five witnesses recorded by the court have stated in their examination chief ignorance/lake of knowledge about their incident of arrest or recovery of Arms. She has six daughters and a son out of whom four are below the age of 8 years but still the trial court has not taken this aspect into consideration while considering the bail application.

Muneer Ahmad S/o Ghulam Rasool Tantray R/o Loran Mandi Poonch complained that he is in the jail since the year 2000 and is facing trial before the court of Principal Sessions Judge Jammu and by all stretches of legal jurisprudence I have served the prescribed punishment for the offence to be awarded but the trial is still going.

Parveena R/o Baderwah has been awarded life imprisonment in a murder case according to her Munshi of Thana Thathri encroached in her home with a criminal intent to outrage her modesty and while defending herself as a matter of self defence the deceased Munshi was injured and subsequently died.

The inmates of this jail also complained about the inappropriate, inadequate and unhygienic food supplies in the jail and lake of appropriate medical care in the Jail. The team members observed that the inmates in the jail including foreign prisoners and the prisoners hailing from Jammu province have no appropriate legal defense available before the courts.