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

A JAIL VISIT REPORT OF CENTRAL JAIL KOTEBALWAL, DISTRICT JAIL RAJOURI AND DISTRICT JAIL, POONCH.

In pursuance to the orders of the Hon’ble High Court dated 1-1-2010, passed in IA No. 2242/2009, a four member team of the J&K High Court Bar Association, Srinagar, comprised of Mian Abdul Qayoom, President, Aijaz Bedar Vice President, Rafiq Ahmad Joo, Executive Member and Arshad Indrabi, Advocate, visited Central Jail, Kotebhalwal Jammu, District Jail Rajourai and District Jail Poonch, from 7 th to 9 th of January, 2010.

First of all, the team members went to Kotebhalwal Jail, Jammu, on 7-1-2010. they met the Jail Superintendent and showed him the order of the court and requested him to allow them to meet all the detenues and under trial prisoners lodged in his jail. They also submitted an application to the jail Superintendent for the purpose. The Jail Superintendent, however, told the team members that they cannot meet all the detenues and under trial prisoners lodged in the jail. He even asked his Deputy Superintendent to return the application with the remark that as per manual, it is not possible to allow the team members to meet all the detenues and under trial prisoners. He wanted the team members to meet a selective few, whose names should also be disclosed to him first. Since on 7-1-2010, there were 439 detenues and under trial prisoners, including 70 foreigners lodged in the jail, therefore, the bar team declined to meet a few persons and left the jail premises in protest. A press release issued by the Bar Association on 7-1-2010, indicating the aforesaid position is annexed herewith.

On 8-1-2010, the team members went to District Jail, Rajouri. Here also they met the Jail Superintendent first and showed him the court order. He said that since there is only one detenue namely Mehraj-ud-Din Kalwal lodged in his jail, as such, he has no objection in allowing the team members to meet him.

The team members went to District Jail, Poonch, on 9-1-2010. In Poonch Jail, there are 16 under trial prisoners involved in militancy related cases, who are languishing there for years together.

Mohammad Bashir S/O Lal Din R/O Mastan Dhara, Surankote, who has been in BSF for 26 years, is languishing in the jail along with his two sons Mohammad Zaheer and Mohammad Jamil for the last six years. He stated that he and his sons Mohammad Zaheer and one Choudhry Mohammad Iqbal R/O Maroot, surankote, have been booked by the Police in a case under section 302 RPC, for killing one Bashir Bhat. He said that his another son Mohammad Jameel has been arrested some nine months back and booked in another case under section 302 RPC, along with Abdul Aziz, Wazir Mohammad, Zakir Hussain, Mushtaq Ahmad and Mohammad Yousuf. He said that in his case, there were 32 witnses. 27 have been examined and 5 are yet to be examined. He said that witnesses do come but their statements are not recorded for one reason or the other. He said that during last fourteen months, only one witness has been examined. He said that besides his two sons, who are in jail with him, he has tow more sons namely Mohammad Qadeer and Mohammad Akseer. He said that Mohammad Qadeer, who is working as a rifleman in JAKLI, had come to his home in the month of June, 2007. He had to go back to Deemapur, where he was posted on 7-6-2007. He along with his wife Shahnaz was arrested by Suran Singh, Dy.S.P. Surankote on 6-6-2007. He was kept in Suran Kote Police Station from 7-6-2007 upto 9-6-2007. Though he was released on 9-6-2007, but his wife Shahnaz was not released. She was not even allowed to meet her husband, in the Police Station. He said that Shahnaz was raped by Suran Singh, Dy.S.P. on 7-6-2009 along with one Khursheed Bhat, a Medical Assistant, in the police station and when her husband was released on 9-6-2007, he shifted her to JIC Meeran Sahab on 10-6-2007. She was in JIC Meeran Sahab for 13 days and there-after she was shifted back to Surankote Police Station, where she was released. He said that both Mohammad qadeer and Shahnaz filed an FIR against Suran Singh and Khursheed in Police Station Surankote, but it was not entertained by the police. They then filed a complaint against Suran Singh and Khursheed in the court at Surankote, but the judge decided the case against them after keeping it pending four about 6/7 months. He said that Mohammad Qadeer and Shahnaz then went to Human rights Commission, which directed the Crime Branch, Jammu to register a case against the two accused persons and arrest them. He said that Suran Singh and Khurshed Bhat challenged the order of Human rights Commission before the High Court and got stay and since then the case is pending in the High Court. He said that Suran Singh had also offered Rupees ten lakhs to their family at village Potha, in presence of Hamid Manhas a PDP Worker and many others for taking the case back, but we refused to accept the money from him. He said that the case in which his other son Mohammad Jameel along with six others has been implicated is also a fictitious one. Actually the police had arrested about two dozen civilians in the said case and after taking money from them, they were all released. His son and other accused persons were also asked by Tahir Bhat, Addl. S.P. and SSP Basant Ratti to pay Rupees seven lakhs (one lakh each) but as they had no money to pay to these police personnel, therefore, they were not released. He said that because of the intermitant raids and searches of his house and teasing and torturing of his wife and his mother, who is about 100 years of age, his wife is living in her parental home. He said that he had engaged one Mr. Sharma, as his counsel in the case, but as he has been taken ill, he has now engaged Anoop Kumar, as his lawyer in the case. He said that there are only two barracks in the jail; one for males and another for females. He said that there is no doctor in the jail. A medical Assistant, posted to the Jail has no medicine. He said that the said Medical Assistant has destroyed the leg of one Qazi Hafeez, an under trial prisoner by giving him an injection which failed. He said that there are two messes in the jail, one of Hindus and another of Muslims.

Abdul Hamid S/O Sad Mohammad R/O Kamladi, Mendhar, stated that he was an ordinary farmer and was earning his livelihood on farming. He said that because of the police atrocities, he picked up the gun and joined militancy. He said that he was active from 1997 upto 2003 and when one Shah Nawaz, a Hizb Divisional Commander was martyred, he was arrested in Punjab, while he was going to Kerala. He said that I was interrogated in Punjab for about 20 days and there-after he was shifted to JIC Meeran Sahab, Akhnoor and Balakote and interrogated over there for months together. He said that because of the torture and ruthless beating when his condition worsened in the interrogation centers, he was shifted to jail where he is languishing for the last six years. He said that for the last three years, he is suffering of TB. He had requested the jail authorities to get him medically treated from a qualified doctor but they have not been of any help to him. He said that they have now stopped giving him medicines also. He said that his ailment requires regular taking of milk, but no milk is given to him in the jail. He has to live only on Dal and rice. He said that he has been involved in a case where the other three accused persons are Pakistanies. Since they are absconding, he is therefore, the only accused in the case. He said that against those three Pakistanies, proceedings under section 512 Cr.P.C. have been initiated by the court. He said that there were 30 witnesses to his case and all of them have been examined by the court, but final arguments are not being heard by the Judge. He posts the case on each occasion after three months. He said that he is married and has four minor children. His eldest son is reading in 10 th class. He said that he has no source of sustenance. He has paid Rs. 40,000/- to his lawyer so far. He said that his lawyer is asking for more money, but he has nothing to pay to him. He said that both before his arrest and there-after his family members have been harassed, tortured and brutalized by police. Only 15 days back, his house was ransacked by police and everything inside the house was thrown out. He said that when he was in JIC, he was tortured by one Haji Abdul Gani, S.I. to such an extent that on one day he passed his urine in the lockup itself. He was then told by the S.I. to clean the lock up with his hands and also to lick it with his mouth. He said that he cleaned the urine with his hands but refused to lick it. The S.I. then beat him again till he became unconscious. He said that before his arrest, the police used to come to him and ask him to pay money or else he will be killed or booked in some case. He said that at Mendhar and Balakote Police Stations, he was ruthlessly beaten by the police.

Choudhry Mohammad Iqbal S/O Hassan Mohammad R/O Maroot, Surankote, stated that he was associated with Tehreekul Jehad and he was in the field for about 1 ½ years, where-after army started teasing his family members. The army told his father that either ask your son to surrender or else be ready to face the consequences. Since I was an Area Commander and my District Commander was one Javid, therefore, I contacted him and on his advice, I surrendered before the Army. I was there-after told by the police to work with them. I worked with the police for 1 ½ years. On one day, I was, however, sent to Jammu and told that I had killed one Bashir Ahmad Bhat along with Mohammad Bashir and Mohammad Zaheer. I was there-after booked in a case registered by police under section 302 RPC and I am now facing trial in the court of Sessions Judge, Poonch along with Mohammad Bashir and Mohammad Zaheer. While I was working in police, as SPO. I used to stay in the camp. During my stay in the camp, the police used to bring girls in the camp. They would rape them. First they would be offered wine and then they would be rapped. I was, however, always seen with suspicion by the police. I have read upto 8 th class. Besides my parents, I have two brothers who are younger to me. They earn their livelihood by working in the fields.

Mohammad Khurshid S/O Feroz-ud-Din R/O Bagildar Poonch, stated that he was arrested about a year back, when he was coming back from Pakistan, where he was taken by the militants for arms training. After my arrest, I was handed over to police who booked me in a false case, the trial of which is now going on in the court of Sessions Judge, Poonch. Six witnesses have already been examined in the case and six more have to be examined. I have engaged Mohammad Maroof as my counsel and have paid him Rs. 18,000/- so far. I remained in Pakistan for about a year. It takes half an hour to cross the border from his home.

Mohammad Haleem S/O Hakim Dad R/O Banolla Mendhar, stated that he was arrested from his home in the month of March 2009. Before his arrest in March 2009, police had arrested him twice and booked him in two cases, in which he was granted bail by the court. My brother Mohammad Azim was also arrested in 2006. He was in Amphalla Jail for 2 ½ years and at present he is in Kotebhalwal Jail. Out of two cases, in which I was booked by the police before my arrest in March 2009, one case is pending in the court at Mendhar. Second case is going on in the court at Poonch. These two cases had been registered against him by the police only because, I did not agree to work with the police. One Yamin Manhas, Dy.S.P. came to my home and told me that I should work with him. I refused. After some time, Yamin Manhas was fired at. The Additional SP Tahir there-after planted a grenade at my home and got me arrested. The grenade was planted at my home through Nissar S/O Janat Shah, who is an SPO. In the 3 rd case, one Qamar Zia is also an accused along with him. The said case has been registered under section 307/120-B RPC. Before my arrest, I was reading in 11 th class at Higher Secondary School, Chatral. The reason of my involvement in the aforesaid three cases is that in Higher Secondary School, Chatral, where I was reading in 11 th class, one Sobedar of 39 RR tried to molest a girl. The said Sobedar used to search every boy and girl before their entry into the school. When he tried to search a girl and molest her, we objected. The name of the girl was Rukhsana. We caught hold of the said Sobedar and told him as to why he had molested the girl. Since 39 RR which was also stationed in the said school, did not like my action, therefore, I was involved in the aforesaid three cases. I was taken to Mendhar court on 7-1-2010 which posted the case after three months. I have my mother and father at my home. I have two brothers also, but both of them are living separately.

Villayat Khan S/O Lal Khan R/O Bafliaz, Surankote, stated that I was working in 13 JAKLI from 1980 to 1998. I am married and I have five children. One of my son is also married. He further stated that on 21 st April, 2009, there was an ID blast at Bafliaz – Manda road, in which a TATA mobile vehicle was destroyed. The said incident took place during day time. The police also arrested me in the said incident and a case has been filed against seven persons with regard to the said incident in the court. We are 07 accused in the case and we have engaged three lawyers namely Mohammed Maroof, Mohammad Taj and Showkat Manhas, in the case. My family members are being harassed by the police every now and then. I have no complaint against the jail authorities. There is no doctor in the jail. We are being taken to the court on each date of hearing.

Abdul Aziz S/O Mohammad Shafi R/O Mastan Dhara, Surankote, stated that I am an employee of PHE Department. On 22-4-2009, I was arrested from my home at 6 p.m. I have three daughters and one son, besides my wife at my home. The I.D. blast in which a TATA Sumo was damaged happened 30 kms. away from my home, but I was arrested by the police and involved in the case. My home is far away from the jail. Some times, some one comes from my home to meet me in the jail. I am being paid 50% of the subsistence allowance by my department, though I am entitled to 75% thereof as I am in the jail for the last more than nine months now. I had applied for enhancing my subsistence allowance, but my officers are not paying any heed to my requests. My family is suffering badly due to my arrest and languishing in the jail.

Wazir Mohammad S/O Mir Mohammad R/O Bafliaz, Surankote, stated that I was working as a welder at Nowpora, Srinagar. On 21-4-2009, while I was going to my home from Srinagar, I reported to Dy.SP Surankote for making an entry in his records about my presence at my home. He told me to come on the next date. On that date there was an ID blast. The Dy.SP had arrested 20/30 persons in the said incident. He demanded money from them and also told me to pay money to him, so that he is allowed to go to his home. Since I had no money, therefore, he involved me in the ID blast case. The case is now going on in the court and I am languishing in the jail. I am married and I have five children. I have no source of income. My brothers are living separately from me.

Mohammad Jameel S/O Mohammad Bashir R/O Meeshan Darah, stated that I was arrested on 22-4-2009 at 5.30 p.m. from my home and on the same day at about 6 p.m, I was taken to Jammu, where I was kept along with many others in a safe house at Channi. I was tortured there. Others were also given the same treatment. We all were beaten ruthlessly. We were first taken to JIC Jammu, but they refused to take us as it was night hours. We were there-fore taken to safe house Channi. There was one lady Dy.S.P. Anju Sharma. She interrogated us and beat us ruthlessly. On 25-4-2009, we were taken to JIC Jammu. We were again interrogated there. After interrogating us for many days, the JIC authorities reported to the police that we are innocent and are not involved in the ID blast. They sent us to Surankote but the police framed us in the ID blast case and filed a challan against us in the court at Mendhar. The said court committed us to Sessions Judge, Poonch. I am married. I have a daughter. Her age is 20 months. I was working in Srinagar as a labourer and I had come from Srinagar to my home on 16-4-2009. My father Mohammad Bashir and my brother Mohammad Zaheer are also in the jail and they too have been booked in a fictitious case of killing one Bashir Bhat by the police. They are also facing trial in the said case for the last six years.

Zakir Hussain S/O Monga R/O Bafliaz Sawni, stated that I am a married man and I have three children. There is no other person at my home except my children and my wife. I was arrested during the intervening night of 21/22 nd of April 2009 from my home at 2 p.m. I was booked in an ID blast case. The place where the blast took place is 15 Kms. away from my home. I was firstly kept in Surankote Police Station. Abid Shah, Investigating Officer had arrested me. After interrogating me for a day, I was left on the evening of 22 nd April 2009, but my Identity card was retained by the I.O. with him. He told me to come on the next day to take the said identity card back. When I reported on 23-4-2009 before him, he did not allow me to leave the police station. I was there-after taken to JIC Jammu. The JIC Jammu authorities refused to take me and others in the JIC as it was night time. We were thereafter taken to safe house Channi. We were tortured there for a couple of days, where-after we were taken to JIC Jammu. We were again tortured there. We were beaten ruthlessly by the JIC authorities. We were there-after brought to Poonch Jail. When we were brought to Poonch Jail, the Additional SP Tahir Bhat and SSP Basant Rathi came to us and told us to pay money to them so that they will release us. Since we had no money, therefore, we could not pay anything to them. The police also arrested my brothers Fazal Hassan, Bagh Hassan and my uncle Fayaz Ahmad and cousin brother Salam Ahmad. They were released when they paid Rs. 30,000 to the police. My brother Fazal Hassan is working in Saudi Arabia. He had come to his home for a few days and was arrested. He was released only when he paid money to the police. I am a graduate and at the time of my arrest, my house was ransacked by the police. Everything which was in the house was looted by the police. The members of the Village Defence Committee (VDC) of our area have teased the people a lot. They enter their houses during night hours and force them to pay money to them. Some ¾ days back, there was a firing incident in my village. My whole family was teased and tortured by the police on that date.

Mushtaq Ahmad S/O Ghulam Rasool R/O Bafliaz, Surankote, stated that I am a carpenter by profession. I am married and I have three children. I have my old father at my home. I have no mother or brother. I was arrested on 21-4-2009 from my home. I was kept in Surankote Police Station for one day. I was there-after shifted to safe house Channi. I was tortured there. I was taken to JIC Jammu there-after and was again tortured there. I remained in JIC for 12 days. I was there-after taken to Surankote Police Station and from there I was sent to Jail. We were seven persons. We all were beaten and tortured at safe house and JIC Jammu. After our shifting to Poonch Jail, the Additional SP Tahir Bhat came to us. One more S.P. was with him. They demanded 7 lakh rupees from us. We told them that we have no money. They thereafter involved us in the fictitious case of ID blast and presented a challan against us in the court. The police had arrested 20/30 persons in the ID blast case. They were all left excepting we seven persons. My health has deteriorated in the jail. No doctor is available in the jail. If any person is taken ill, he is told to take water. No medicine is given to me. We told them that we will get our treatment done outside, but they did not agree to that also. I have stomach pain. I do not have any income. My father is a petty farmer. When I was in Surankote jail, Abid Shah told me that he will leave me, if I will pay Rs. 50,000/- to him. I got 50,000 rupees from my home and paid to Abid Shah, but even after receiving Rs. 50,000/- from me, he did not release me.

Mohammad Yousuf S/O Bapo R/O Mastandhara surankote, stated that I am a married man. I have two children. I was arrested on 22-4-2009 from Chambani jungle where I had taken my sheep and goats for grazing. Surankote Police arrested me there. I was kept in police station for one night. Next day, I was taken to safe house at Jammu. I was beaten there. We were 07 persons. We were tortured there for three days. We were there-after shifted to JIC Jammu. We were kept there for 12 days and we were beaten there also. From JIC Jammu, we were shifted to Surankote Police Station. We were kept there for two nights and then shifted to Poonch jail. I am here now for the last 08 months, and our case is going on in Session Court Poonch. When I was brought to jail, one SP and SSP came here and asked me to pay Rs. 1 lakh to them. I told them that I have no money. They there-after framed me in the ID blast case. The place where the ID blast had taken place is 4 Kms. away from my home. The incident had taken place at 4 p.m. during day time and at that time, I was in the jungle. My family members come here to meet me. The person who was killed in the ID blast was a VDC Commander. There are about 100/150 VDC members in Mudha area. These people are teasing and torturing the people. They force them to pay money to them. They get any one arrested at their whim and caprice and then at their behest, police books that person in any case, they like. After my arrest, police had come to my home. They had arrested my family members. I have four brothers. My parents are also alive. We are living together.

Besides the aforesaid persons, three more persons who are involved in the militancy related cases, are lodged in Poonch Jail. The names of these three persons are:

Rafiq and Abas who are father and son are languishing in the jail for the last 3 ½ years. They have been booked in a case under section 302 RPC and in the said case, excepting two witnesses, all other witnesses have been examined by the prosecution. Against Mohammad Taj there are seven cases pending in various courts. Since Mohammad Rafiq, Rais Abas and Mohammad Taj had been taken to the court on 9-1-2010, and did not return till we were in the jail, therefore, we could not met them.

From the facts and circumstances explained above, it is quite evident that there is a reign of terror un-leased by the police and VDC members in Poonch area. People are so scared of police and VDC members that they don’t dare to speak openly against them to any one. After meeting the prisoners in the Poonch Jail, we could feel that they are also terrified. It was with great difficulty that they disclosed certain details to us. They told us that they had narrated these details to ICRC authorities as well, but no action was initiated by them against any person. The inmates also complained about the Judges and lawyers. They said that Judges are delaying the disposal of their cases un-necessarily and lawyers are charging heavy fee from them, which they are not able to pay. There is no medical facility available in the jail. It was also told to us by the prisoners of Rajouri jail that there is no doctor available in the said jail and the Nursing Orderly posted in the jail is hardly of any help to them. Thought these prisoners are taken to the courts regularly, but in Mendhar court, the Judge fixes their cases after three months on each occasion. As to why he is doing so, could not be explained by them to us. They also told us that the Sessions Judge, Poonch, and Rajouri have never visited the district jail Poonch or District Rajouri along with the Chief Medical Officer or the District Magistrate concerned and they have never been given an opportunity to project their sufferings and miseries before them.

This report is accordingly submitted to the High Court for information and necessary action and is also sent to the press for giving wide publicity to it.