REPORT OF THE MEMBERS OF THE BAR TEAM WHO VISITED THE DISTRICT JAIL KATHUA ON
16-10-2009

In pursuance of the orders of the Hon’ble High Court passed 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, a team of lawyers comprising of the following:

Mian Abdul Qayoom, President, J&K High Court Bar Association, Srinagar;
Arshad Andrabi, Advocate.

After furnishing the list, the team members requested the Superintendent, District Jail, Kathua, to allow the Bar members to inter-act with these detenues and under trial prisoners. Accordingly these detenues and under trial prisoners, baring those who had been taken to the court for hearing, were produced before the bar team one by one.

1/ Bilal Ahmad Sheikh S/O Abdul Gani R/O Aglar, Pulwama, who was reading in 12 th class, when he was arrested at Shopian on 19-6-2006, stated that initially after arresting him on 16-6-2006, he was booked under PSA. He challenged the order of his detention before the High Court and the order was quashed. He was not, however, released but was lodged in Central Jail, Srinagar. He stated that on 4-5-2009, he was released by police station Kulgam, when he was granted bail by the court in a case filed against him by the police over there. He stated that on 3-9-2009 he was lifted from his home and kept at Police Station Zainpora for 10 days. He stated that after keeping him in Police Station Zainpora for about 10 days, he was booked under PSA and was lodged in District Jail, Kathua. He stated that there are 13 PSA detenues belonging to Kashmir province in two barracks of new block of District Jail, Kathua. Though all the 13 detenues are Muslims, but two Hindus who are both convicts, have been kept as their Numberdars, to over see them in these two barracks and it is under the command and control of these two Numberdars that they have to spend their life in the Jail barracks. He stated that though they are making their food themselves but they have to take their food between 11.30 A.M. to 12 noon. He also stated that they have to take their evening meals before offering their “Isha” prayers. He stated that the detenues are taking Lipton tea in the morning as well as in the evening and that they are provided vegetables or Dal by the jail authorities, with which they have to take their food, during the day time as well as in the evening. He said that once in a week, they are also given cheese but no meat or chicken is permitted to be taken by them in the jail. The bar team enquired from the said Bilal Ahmad as to whether the Jail Superintendent or any official of the jail has ever beaten him, but he stated that if somebody commits any mistake, he is either taken to Devdi (gate) where he is beaten or is shifted to any other barrack. He stated that the Jail authorities give them Daily Hind Samachar ( Kashmir part) and Daily Excelsior for reading purposes.

2/ Qamar-ud-Din Chopan S/O Abdul Sattar R/O Deval Mahore, Reasi, stated that he was working as a labourer at Buchapora, Srinagar where he had taken a room on rent. He was, however, picked up by STF people and lodged in Amla Camp, Kulgam. STF people there-after handed him over to Army who after interrogating him for a number of days and finding nothing adverse against him, handed him over to Police Station Damhal, who got him detained under PSA and lodged firstly at Central Jail, Srinagar and there-after at District Jail, Kathua. He stated that his father is an old man and he alone had once come to see him in District Jail, Kathua. He said that he has no source of sustenance and is spending his days in the jail in a miserable condition.

3/ Sajjad Ahmad Bhat S/O Mohammad Muzaffar Bhat R/O Khanday Mohalla, Shopian, who was a constable and had left his job 6/7 months before, stated that he was arrested on 1-1-2005 near Kidney Hospital, Srinagar. He was there-after kept in Central Jail, Srinagar for about 28 months. On 22 April, he was detained under PSA and was lodged in District Jail, Kathua. His detention order was quashed by the High Court, but he was not released and instead he was lodged at Central Jail, Srinagar. A case was filed against him in the court at Pulwama which granted him bail. Even after getting bail from the court, he was not released, but was taken firstly to CIK, Srinagar and there-after to Police Station Shopian. He was kept in the Police Station Shopian for two months and then he was detained under PSA on 20-1-2009 and lodged in District Jail, Kathua. He stated that the case which was filed against him in Pulwama court ended in his acquittal on 5-10-2009. He stated that he has no grievance against the jail authorities.

4/ Mohammad Naseer Malla S/O Mohammad Bashir Malla R/O Pattery Gakhcot Tehsil Budhal, Rajouri, stated that he is a labourer by profession and on 19-6-2006, when he was working as such at Shopian, he was arrested by the police Shopian. He was kept in Police Station for two months and there-after shifted to central Jail, Srinagar. He stated that he remained in Central Jail, Srinagar for 03 months, where after he was detained under PSA on 17-10-2008. He stated that his order of detention was quashed by the High Court on 25-7-2009 and on the same day, he was taken to JIC Jammu. From JIC Jammu, he was taken to JIC Humhama, who handed him over to Police Station Shopian. The police did not release him, but got him again detained under PSA on 18-8-2009. He stated that a case is pending against him in a court at Rajouri, and he is expecting a decision in that case on 26-10-2009. He stated that he has no grievance against the jail authorities.

5/ Tasveer Ahmad Wani S/O Abdul Salam Wani R/O Dawalatpora Chadura, Budgam, stated that he is a B.A. 2 nd year student and on 3-7-2008 he was arrested by police from his home. He was taken to Police Station Pulwama and kept over there for 15 days. He was there-after shifted to Central Jail, Srinagar, where he was kept for 03 months. A case was filed against him in Pulwama court by the police, but he was ordered to be released by the court on bail. He was not released by the police but was taken to JIC Humhama. After keeping him for some days over there, he was again shifted to police station, where he remained for about 20 days. He stated that on 9-11-2008, he was detained under PSA and lodged at District Jail, Kathua. He challenged that order before the High Court and the court quashed his order of detention. He stated that when he produced the order of the High Court before the court at Pulwama, the court directed that he be released. Instead of releasing him, police took him to CIK, Srinagar, where he remained for a number of days. On 24-7-2009, he was again handed over to the police station concerned, where he was kept for 52 days. He was there-after detained under PSA and lodged in District Jail, Kathua. He stated that he has two cases, one at Pulwama and another at Budgam, but he is not being taken to the court to attend his cases. He also stated that any one who quarrels inside the Jail, he is shifted to some other barrack. He, however, stated that no one was beaten in his presence by the jail authorities.

6/ Javed Ahmad Dar S/O Ghulam Ahmad R/O Redwani Bala, Tehsil and District Kulgam, stated that he is a B.Sc student and on 1-10-2007, he was arrested at Islamabad (Anantnag). On 11-1-2008, he was detained under PSA and lodged in District Jail Amphala, Jammu. He stated that his order of detention was quashed by the High Court in the month of August, 2008, and he was also granted bail by the court at Kulgam on 15-6-2009. He was not, however released by the jail authorities or the police. He stated that on 17-6-2009, he was taken to CIK, Srinagar and after keeping him for about 10 days over there, he was shifted to P/S Kulgam on 27-6-2009 and on 8-7-2009, he was again lodged at District Jail, Kathua. He stated that there is no medical facility available in the jail. A doctor from District Hospital, Kathua comes to the jail twice a month and it is not possible for him to attend to all the detenues and under trial prisoners in the jail.

7/ Ghulam Nabi Wagay S/O Late Abdul Sattar R/O Gasarana, Kulgam, who is 54 years’ old man, stated that he was arrested from his home on 25-6-2009. He was kept in Police Chowki for 05 days and there-after taken to Police Station Kulgam, where he was kept for two days and there-after shifted to Central Jail Srinagar. He was brought to District Jail Kathua on 12-7-2009. He stated that the conditions of the jail are not well; the jail staff is communal and the under trial prisoners/ convicts belonging to the other community beat us. He stated that one Sonu Sharma, who is a jail official beat him for about half an hour when he was brought to the District Jail, Kathua. He also abused him. He stated that no Kashmiri should be brought to District Jail, Kathua, because he is not treated well over here. He stated that PSA detenues/ under trial prisoners cannot make any demand with regard to what they want to eat. Whatever is given to the detenues or the under trial prisoners, they have to eat. He further stated that they are given only Hind Samachar and Excelsior newspapers for reading. A TV has been provided to them, but it is out of order. He stated that the jail authorities have not taken any steps to set the TV right. He stated that there is a case going on against him in the court, but he is not being produced before the court on the date of hearing.

8/ Mohammad Ayub Wani S/O Abdul Gani Wani R/O Mazhama Tehsil and District Shopian, stated that he is basically a singer and can be often seen in radio and TV programmes, which are telecast from Radio Kashmir or Doordarshan Kendra, Srinagar. He stated that on 17-6-2009, when he was moving in his vehicle at Pulwama, he was arrested by the police. He was kept in Police station for 06 days. His family members applied for bail and the court granted bail to him. On seeing bail order, the police got irritated and they refused to obey it. He stated that there-after he filed a contempt petition and it was only because of the filing of the contempt petition that the police got him detained under PSA on 28-6-2009 and got him lodged in District Jail Kathua. He stated that he has 03 children. His parents are dead and he has no brother or sister. He was earning his livelihood on singing, but as he has been detained under PSA, he does not know as to how his family members are making their both ends meet. He stated that he had a younger brother with whom, he had decided to open a private school. His brother was killed in 1995. He stated that one person belonging to National Conference and who is a contractor, has drawn money from the Government in the name of the building, which he along with his brother had constructed for running the school. He lodged a report against him in the Vigilance Organization who seized the record of the block and it is this report lodged by him with the Vigilance Organization, which has resulted in his detention under the provisions of the PSA. He further stated that it is the same National Conference man who has manipulated his arrest and detention, because he has filed a case against him before the Vigilance Organization which has seized the record of the block.

9/ Bilal Ahmad Rather S/O Ghulam Mohammad Rather R/O Vehil Shopian, stated that he is a Mufti and has read in Devband. He was heading prayers in a mosque in Vehil Shopian. He stated that he had also condemned the Shopian incident of rape and murder of two women. Only on this, some 25 police personnel came to his home on 28-6-2009 and took him to the Police Station. He was kept in Police Station for one day and there-after he was taken to Police Station Bejbehara, where he was kept for one night. He was there-after taken to JIC Anantnag (Khanabal) and then on 1-7-2009, he was brought to District Jail, Kathua, where he was handed over papers under PSA. He stated that he is married and has two kids. He stated that he has challenged his order of detention, but he does not know as to what has happened to his case.

10/ Sheikh Khalifat Ullah S/O Sheikh Khar-Ul-Basar R/O Dorgapur Ashouni District Sikhira Bangladesh, stated that he was born in Bangladesh but in 1999, he came on a Passport to Calcutta. He stated that he was married in 2006 in Calcutta and he had also applied for Indian citizenship. He stated that he was arrested on 18-8-2008 from Calcutta and then brought to Shopian and booked in a case with one Mohammad Ashraf Parray, who is presently lodged in Central Jail, Srinagar. He stated that he has been arrested and detained in place of one Mabaya who perhaps resembles him. He stated that actually one Shaheen Shardar S/O Hamid-ud-Din Shardar R/O Hakimpur, who wanted to marry his wife, but did not succeed, got him arrested through police Calcutta in place of aforesaid Mabaya and it is at his behest that the police brought him to Shopian, where he was booked in some frivolous case along with Mohammad Ashraf Parray. He stated that he should be also kept with Mohammad Ashraf Parray in Central Jail, Srinagar, so that both of them can appear in the court at Shopian, where the case is pending against them. He stated that he was ill for some time, but now he is alright. He also stated that he has been kept in old barrack No. 5 along with 08 more persons, out of whom 06 are Muslims and 02 are Hindus. He also gave Cell No. of his brother-in-law and uncle and wanted that they should be some how contacted so that they can arrange for his bail/release from jail.

11/ Tariq Ahmad Beigh S/O Abdul Gani Beigh R/O Damidullah, Kulgam, stated that he was arrested on 17-4-2009 and was firstly kept by STF at Kulgam for about a month and there-after shifted to the police station where he was kept for 15 days. He was there-after taken to Central Jail, Srinagar, where he was kept for about a month. He was detained under PSA in July 2009 and lodged in District Jail, Kathua. He stated that he has read upto 12 th class and besides his father, he has a brother who is working in Fire Service Department.

12/ Mohammad Shabir S/O Munawar Din R/O Lowang Tehsil Basohli, Kathua, stated that he was reading in 9 th class when he was arrested by police on 17-8-2003 at Rajbagh, Srinagar, while he was going to Bone and Joint Hospital for treatment. He stated that he was kept in Police Station Rajbagh for one day and there-after he was taken to Cargo Interrogation Centre, where he was kept for 08 days. He stated that from Cargo he was taken to Police Station Kathua by the Police who kept him in police station for 15 days. He was there-after shifted to JIC Jammu, where he was kept for 08 days. He was there-after again brought to Police Station Kathua, and then shifted to District Jail, Kathua. He stated that he has been falsely got involved in two cases under section 302 RPC. One case is pending in the court of Additional Sessions Judge, Kathua and the other in the court of Sessions Judge, Kathua. He stated that there are 43 witnesses in the case which is pending in the court of Additional Sessions Judge, Kathua, out of whom 11 have been examined so far. In another case, there are 14 witnesses and 12 have been examined. He stated that he has no money to pay to his lawyer. He stated that in one case, he paid Rs. 20,000/- to his lawyer, but in the other he has not been in a position to pay any fee to him. He stated that the case is going on for the last 07 years, but it is not making any head way. He stated that he has been kept in a juvenile block in District Jail, Kathua..

13/ Liaqat Ali S/O Abdul Majeed R/O Lohai Tehsil Billawar, stated that he is 8 th pass and he was arrested in 2004. He stated that a case has been filed against him in the court of Sessions Judge Kathua, where there are 17 witnesses, out of whom only 03 have been examined so far. He stated that he is a married person and has two children. He has no source of income. He stated that he has promised to pay Rs. 50,000/- to his lawyer and so far he has been able to pay Rs. 30,000/-, but his case is also not making nay headway.

14/ Mohammad Altaf Bathi S/O Mohammad Ismail R/O Budhal Rajuri, stated that he was working as Head Constable in the Police Department. He was, however, arrested on 6-3-2000 by the police and there-after detained under PSA. He remained in Jammu jail for one year under PSA and there-after he was shifted to Heeranagar jail. He spent one year in Heeranagar jail as well. He stated that he had filed a writ petition against his order of detention, but the said petition was dismissed by the High Court. He further stated that when PSA case was going on in the High Court, a case was filed against him in the court of Sessions Judge, Jammu by the police. There were 24 witnesses in the case whose statements have been recorded by the court. He stated that he has so far engaged 04 lawyers in the case and has paid more than Rs. 2.50 lakhs to them. He stated that his family consists of his mother, wife and three children, who have no source of sustenance.

After inter-acting with the aforesaid detenues and under trial prisoners lodged in District jail Kathua, the Bar team has come to the conclusion that Superintendent District Jail, Kathua has converted the jail into a vegetarian jail. The detenues and under trial prisoners cannot take meat or chicken in the jail. The jail authorities provide them the items of food which they have to cook themselves. The day time meals have to be taken by them from 11.30 A.M. to 12 noon and the evening meals immediately after sunset, but before offering Isha prayers. While talking to the detenues and under trial prisoners of the jail, the Bar team found that they are scared of the jail Superintendent and since during the entire period these detenues and under trial prisoners talked to the bar team, the Superintendent jail remained over there, they could not express themselves freely before the bar team. The bar team also wanted to meet one Ghulam Qadir Bhat, who has been sentenced to life imprisonment by the Hon’ble Supreme Court. Though the said convict belongs to Kupwara, Kashmir, but he has been kept in District Jail, Kathua for unknown reasons. He, however, refused to meet the bar team for his personal reasons. When he was told that a lawyer who is appearing in his case namely Arshad Andrabi, wants to meet him, he agreed to see him individually. Mr. Arshad Andrabi after meeting the said convict, informed the bar team that since Ghulam Qadir Bhat ha snot been lodged at Central Jail, Srinagar, where his another co-accused is lodged, therefore, he has a grievance as to why he has been singled out for this hostile treatment. Mr. Andrabi told the bar team that he informed Ghulam Qadir Bhat that the High Court has directed the authorities to place his case before the Review Board and that he was somewhat happy with Mr. Andrabi had done for him, but even being so happy, he wanted that his lawyer should try for his shifting to Central Jail, Srinagar.

After coming back from District Jail, Kathua, the Bar team Came to know that the wife of Ghulam Qadir Bhat who was suffering of cancer, has died and no steps were taken by the jail authorities to take Ghulam Qadir Bhat, at least for taking part in her last rites.

This report is accordingly submitted to the Hon’ble Court for perusal and necessary action.

( M. A. Qayoom )
President,
J&K High Court Bar Association,
Srinagar.

( Arshad Andrabi )
Advocate.