REPORT REGARDING TIHAR JAIL, NEW DELHI.

In pursuance to the orders of the Hon’ble High Court passed on 01-01-2010, an 8 member team of the Jammu and Kashmir High Court Bar Association, headed by Mr. Mian Abdul Qayoom, its President, and besides him, which included:

Mr. Aijaz Bedar, Vice President.
Mr. G.N.Shaheen, General Secretary;
Mr. Tanveer Ahmad Bhat, Treasurer;
Mr. M.A.Dar, Executive Member;
Mr. Rafiq Ahmad Joo, Executive Member;
Mr. Mohammad Ashraf Bhat, Advocate; and
Mr. Arshad Andrabi, Advocate

visited Tihar Jail New Delhi, from 27-01-2010 to 29-01-2010 and met the Kashmir prisoners lodged over there. In the said jail, there are more than 12000 prisoners, but out of them, only 58 belong to the State of J&K and out of those 58 also, most of the prisoners are from Kashmir Province.

On 27-01-2010, when the Bar Team went to Tihar Jail to meet the Kashmiri Prisoners lodged there, they were told that they have to first obtain permission Director General of Prisons, Delhi. After spending several hours in the office of Director General of Prisons, Delhi, when the Team Members were permitted to go to Jail No. 1 of Tihar Jail to meet 18 Kashmiri prisoners lodged in the said jail, it was already 1 P.M. After routine search and recording of their names in the jail records, when the Bar Team entered the office of Deputy Superintendent, they found one Prakash Chand in the chair.

He told the Bar Team that though he is posted as Dy.S.P (internal management) but he has been directed to perform the duties of the other Deputy Superintendent, because Shri S.R.Yadav, Dy.S.P. was not there. He told the Bar Team that there are 1339 prisoners lodged in Jail No. 1, out of whom, only 18 belong to the State of Jammu and Kashmir. He called all those prisoners one by one to his room and allowed the Bar Team to meet them. Those who met the Bar Team included Shabir Ahmad Lone, Zaffar Umar, Mehraj-ud-Din Akhoon, Ali Mohammad Sheikh, Samiullah Sheik, Nazir Ahmad KHan, Mushtaq Ahmad Wani, Ubaidullah, Shafaqat Iqbal, Mohammad Mukhtar, Parveiz Ahmad, Abdul Rouf and Javid Ahmad Fazili, who gave the Bar Team all the details relating to their arrest and also about their cases pending in various courts and also about the treatment meted out to them in the Jail.

Shabir Ahmad Lone, told the Bar Team that he was arrested on 24-12-2006 at Gole Market District Mandi, Himachal Pradesh, where he was doing his shawl business along with his father and had taken a room on rent. He stated that the ten officials of the Special Cell of Delhi Police arrested him and after showing him their weapons made him to board their vehicle. They tied his hands and feet and after blind folding him, took him to Delhi. On their way to Delhi, they changed No. plate of their vehicle at 10/15 places. At about 11 P.M. in the night, they lodged him in a cell at Lodhi Colony and there-after started beating him. After beating and torturing me for about 5 days, when nothing was established by them against him, they asked him to contact his home people on telephone. After making him to talk to his family members, they kept him in the same very cell at Lodhi Colony upto 27-7-2007.

He used to be beaten every day and at times electric shocks used to be given on his private parts and petrol used to be sprinkled on other parts of his body, which would get burnt. He said that at the time of his arrest, his shawls and Rs. 2 lakhs were also taken by the Special Cell officials. He said that on 27-7-2007, the special cell officials fastened an empty pistol at his back and made him to board a black Santro vehicle. After driving the Santro vehicle here and there for some time, they stopped the vehicle in front of a sweet shop and told him to go and get some sweets for them. He had not yet entered the shop, when same very people arrested him and after snatching the empty pistol from him, showed a loaded pistol to the people who had assembled there and told them that he is a terrorist and they have recovered a pistol from his possession. Three days before the said arrest, he was taken to a Hotel at Azadpur namely “Majlis Park Mahal Hotel”, where a room was booked in him name on 27-7-2007.

When the drama of his arrest was made by Special Cell People, he was there-after taken to Azadpur where the vehicle was stopped in front of the same very hotel, where a room had been booked in his name. The vehicle was kept out side the hotel and some police men went inside the hotel and according to them, they allegedly recovered 01 AK 47, 01 AK 46, four grenades, two magazines of AK 47 rifle, 02 magazines of AK 56 rifle and Rs. one lakh from the said room. They prepared a seizure memo and then after a year, booked one more boy from Utter Pradesh in the said case and presented a challan against them in the Tees Hazari Court. They cited 36 witnesses in the case, out of whom, 17 witnesses have been examined.

He stated that one day, when one witness told the Judge that he does not know us and he cannot identify us also, the Judge threatened him and told him that it is a matter of the nation and that he should change his statement. When the witness told him that he cannot tell a lie, the judge adjourned the case and discharged the witness. He said that the jail doctors are avoiding to treat them and are telling them that they are exploding bombs outside and now they expect the doctors to treat them inside the jail. He said that they are lodged along with criminals in the jail who occasionally attack them with surgical blades and injure them. He said that if they complain against them to the jail authorities, they abuse us and tell us that we should have been killed by the police in the police stations itself.

In the said jail, there are two brothers of Palhallan, Pattan, whose names are Ali Mohammad sheikh and Samullah Sheikh. Both these bothers stated to the Bar Team that they were arrested on 27-11-2006 at Nizam-ud-Din Railway Station and after keeping them in the police station for about a month and interrogating and torturing them over there, they were produced in the court on 31-12-2006, where 10 days remand was obtained by the police against them and there-after they were lodged in Tihar Jail on 11-1-2007. They said that even though the evidence of the police is over in their case in the case, but cross examination of the two witnesses is yet to be done. They said that they don’t get any medical treatment in the jail, though the prisoners of other places enjoy the said facility but they are subjected to discrimination.

Ali Mohammad Sheikh said that he has a problem in his nose and his brother is suffering of an eye ailment, but neither they are treated inside the jail nor they are taken to any doctor outside the jail. They said that the jail doctors are inefficient and communal and they give only one medicine for all the ailments. We were in Jail No. 1 upto 4.30 p.m. and we wanted to meet all the Kashmiris lodged in the said jail. However, out of 18 Kashmiris lodged in the said jail, two showed their inability to meet us. Out of these two, one had met us in 2009 and even before that, several times, but this time, he did not meet us. When we asked those persons who had met us as to why these two persons have not come to meet the Bar Team, they told us that since the Kashmiri prisoners lodged in Tihar jail are in a bad condition and nobody is coming forward to help them, therefore, these two prisoners are saying that the Bar Team has come spent lakhs of rupees for coming to Delhi and that instead of coming to Delhi and meeting the prisoners in Tihar Jail, they should have sent the money by way of a money order to those prisoners who are in need of some monetary help, so that they could use that money for their daily necessities. We told them that we have come to Delhi on our own expenses and that as in the past, we are spending our own money for coming to Delhi. We told them that we are staying with our friends in Delhi and for coming to Delhi, we have not spent lakhs of rupees, but a few thousands. We told them that we have a sentimental relation with these prisoners and it is that relation which has dragged us to Delhi.

We told them that all the prisoners should respect our sentiments and feelings and they should meet us without any reservation. We also told them that the Bar Association has never failed in its duty to provide legal aid to the prisoners lodged anywhere in the State and so far as prisoners lodged in Delhi are concerned, they have been saying in every meeting and seminar that an Institution should be established in Delhi and legal aid and assistant should be provided to the prisoners lodged in Tihar Jail and a team of lawyers should be appointed for the purpose. We told them that though the Bar Association has not succeeded in its efforts so far due to several reasons, but with all that, the Bar Association cannot be accused of any negligence or carelessness towards the Kashmiri prisoners lodged in Tihar Jail. We told them that a Kashmir lawyer cannot be so effective in Delhi as a lawyer of Delhi would be, because of his being a resident of that place and being conversant with its surrounding. We told them that a Kashmiri lawyer for going to Delhi and for staying over there will need a good amount of money and as he does not know the judges and other staff of Delhi courts, it will not be, therefore, in fitness of things to ask him to plead the cases of the prisoners lodged in Delhi Jails.

We told them that even if the Bar members of their own send a few thousands of rupees to the Kashmiri prisoners by money order, still it is their moral duty to visit the jails and meet all those prisoners. As to how for those prisoners were satisfied with what we told them, is not known to us. However, one thing which is very clear and on which every one of us should ponder is, that in Tihar Jail, there are only 58 prisoners who belong to Kashmir. Out of these 58 prisoners, some have already been sentenced to various punishments and the cases of others are pending in the courts. If those prisoners are given two thousand rupees each every month, it will come to over a lac of rupees. We do not have scarcity of those people who want to help these prisoners. Is it not possible for those people to provide monetary help to these prisoners, or their own or through some responsible person, so that their sufferings are mitigated to some extent.

In Jail No. 1, we also met one Sikander Hayat Khan of Azad Kashmir and two Pakistanis namely Shahid Gafoor and Akram Asif. They told the members of the Bar that they are coming every year to meet the Kashmiri prisoners lodged in Tihar Jail, but no one is coming to meet them. They also told them that they are not being given any legal aid by any one. We told them that since Bar Association does not have the names and particulars of those Pakistanies or Azad Kashmiries, who are lodged in Tihar Jail, therefore, it is not possible for the Bar Association to meet them, unless these persons provide them their particulars and once that is done, the Bar Association, will file a petition in the Hon’ble High Court and after obtaining necessary orders in that petition, they will again come to Delhi and meet them. They assured us that they will provide the particulars of all Pakistani, Afghani and Azad Kashmiries who are detained in Tihar jail to the Bar association and on their so doing, we assured them that we will take further action in the matter and try to meet them on their next visit to the jail.

After winding our visit of Jail No. 1, on 27-12010, the Bar Team went to the office of Director General of Prisons on 28-1-2010 again and after obtaining his permission, the Bar Team went to Jail No. 3. On that day, there were 1858 prisoners lodged in the said jail, out of whom, only 18 belonged to Kashmir and among them was Mohammad Afzal Guru as well, who has been sentenced to death. We asked the Jail Superintendent to allow us to meet Mohammad Afzal Guru. He said that we cannot meet him until we obtain permission from the Home Ministry. When we told him that we have permission from the High Court, he said that despite that permission, we are required to obtain permission from the Union Home Ministry and it will be only there-after that he would allow us to meet Mohammad Afzal Guru.

Besides Mohammad Afzal Guru, the other people lodged in the said jail were Aeronautical Engineer Imran Kirmani, Aijaz Ahmad Khawja, Farooq Ahmad Batloo, Ghulam Ahmad Khan, Javid Ahmad Tantray, Saqib-ul-Rahman, Tanvir Ahmad, Ashiq Ali Bhat, Mohammad Amin Khan and Mohammad Amin Wani along with two brothers of Lal Bazar namely Mirza Iftikhar and Mirza Nissar. Both these brothers have been arrested in 1996 in connection with Lajpat Nagar Bomb blast case and since then they are in Tihar Jail. In their case, the court has heard final arguments several times, but before announcing the judgement, the judges have been transferred and there-after they have shown their inability to pronounce the judgement. They told us that severak judges has told them in the open court that they should not compel them to pronounce the judgement, because they don’t know as to what is happening behind them.

Mirza Nisar Ahmad, who is the younger brother of Mirza Iftikhar told the Bar Team that he is in the jail for the last 14 years and he does not want that his sacrifice should go waste. He said that in view of the daily killings in Kashmir, all the Kashmiries should get up together and raise their united voice against these killings. He said that instead of 14 years, if he is kept for 20 years in the jail, he is ready for that, but he wants that Kashmir should be freed from the Indian occupation.

Mirza Iftikhar, told the Bar Team that for providing legal aid to Kashmiri prisoners lodged in Tihar Jail, Abdul Rahman Geelani can play an important role. He told the Bar Team to contact him so that he an select a team of lawyers in Delhi and through them provide legal aid and assistance to the Kashmiri prisoners. He told the Bar Team that the lawyers of Delhi have taken heavy fee from the Kashmiri prisoners and have now left them at the mercy of God. The Bar Team told Mirza Iftikhar and his friends that they will bring this matter to the notice of the concerned and they will their play part in this regard.

Ghulam Ahmed Khan, who is a resident of Dana Mazar, Safa Kadal, Srinagar, told the Bar Team that he was doing his business for a period of 40 years in Lajpat Nagar. He said 24 years before he had taken a house of one “Lahori and Master” on rent and he was living there along with his two sons and three daughters. On 20-11-2005, he was arrested by police and after 14 days, he was sent to Tihar Jail. He said that after his arrest, his family members went back to their home and in absence of his wife and children, the landlord has taken his belongings worth crores of rupees from the house, after breaking his locks and has grabbed the said property. He said that no one has helped him in this regard though a lot of Kashmiries are living in Lajpat Nagar, but none of them has come forward to help him or to see him in the Jail. He said that he is in the jail for the last 4/5 years and he after obtaining loan from several persons, has paid fee to his lawyers. He said that his two daughters have been married and one daughter is yet to be married. He said because of his arrest and languishing in Jail, his one son has ran away from his home and the second one is suffering of fits.

Mohammad Amin Wani of Banihal told the Bar Team that he had asked the Jail Superintendent so many timesto give a certificate to him in which it is written as to how much time he has spent in the jail, but every time, the Jail Superintendent and his staff has avoided the giving of said certificate to him. He said that because of the behaviour of the jail staff, he had got certificate prepared himself and when he submitted the same to the Deputy Superintendent for his signatures, he tore that certificate into pieces and threw that away. In presence of the Bar Team, he showed his tremendous courage, in telling the Jail Superintendent on his that he is treating the Kashmiri prisoners very badly and while other prisoners are given all facilities, Kashmiri prisoners are discriminated in every respect. When we told the Deputy Superintendent as to why he is not giving the requisite certificate to Mohammad Amin Wani, he could not give any satisfactory reply to us. He, however, assured us that after obtaining report from other jails, he will provide the said certificate to Mohammad Amin Wani very soon.

After meeting Kashmiri prisoners in jail No. 3, the Bar Team went to Jail No. 7, where 05 Kashmiris namely Haji Ghulam Mohi-ud-Din Dar, Abdul Majid Bhat, Bashir Ahmad Shah, Nazir Ahmad and Fayaz Ahmad Were lodged. There were 1400 prisoners lodged in the jail on 28-1-2010, but out of them, only 05 were from Kashmir. All those 05 Kashmirs have been arrested in 2005 and since then they are in the said jail. Their cases are pending in different courts and at present statements of prosecution witnesses are being recorded. Out of these five, one person namely Haji Ghulam Mohi-ud-Din Dar gave a letter to us and told to get the said letter published in the news papers so that the Kashmiri people will come to know as to what kind of inhuman treatment is being meted out to Kashmiri prisoners in Tihar Jail and how their cases are protracted by the courts and cause of justice is defeated.

On 28-1-2010 itself, the Bar Team went to Jail No. 4, where they met four prisoners namely Ghulam Qadir Bhat, Feroz Ahmad Bhat, Mohammad Ali Bhat and Adil Nazir. Out of these four prisoners, Adil Nazir has already been sentenced to ten years imprisonment and a fine of Rs. 1.25 lacs. The cases of other persons are pending in the courts at present. Adil Nazir was arrested in December 2001 along with 03 more Kashmiris and till date, he has spent 08 years in the jail.

Ghulam Qadir Bhat, who is elderly in age, has been arrested on 13-8-2001 and his case is at present pending in the court. He told the Bar Team that despite remaining in jail for 07 years, his spirits are high and that we should inform the Kashmiri people on his behalf that they should continue their struggle and they should now show bring any kind of weakness in their resolve of freeing the State from Indian occupation.

Ghualm Qadir Bhat is a resident of Dooru and is a businessman by profession. He has also been arrested without any rhyme or reason and lodged in the jail.

Mohammad Ali Bhat is in Tihar Jail for the last 14 years and he is also one of the accused persons of Lajpat Nagar Bomb blast case. He also told the bar team that the courts in Delhi are prolonging the cases of Kashmiri prisoners and after hearing arguments in their cases, they are not announcing the judgement till they are transferred. The case of Feroz Ahmd Bhat is also pending in the court and the other accused in that case is Parvez Ahmad Bhat (sister’s son of Ghulam Nabi Shaheen, General Secretary, Bar Association) who is lodged in Jail No. 3 and whose mother has expired only recently while waiting for his return.

In Jail No. 4, there were 1711 prisoners lodged on the day when we went to meet the aforesaid 04 Kashmiri prisoners. There are two Pakistanis namely Mohammad Yasin and Zafrul Haq belonging to Ukada Punjab and Kangda Colony, Haripore, North West Frontier also lodged in the said jail. They have been detained by the J&K Government under Jammu and Kashmir Public Safety Act only because the police does not want to produce them before the courts where their cases are pending and also to make their deportation impossible to their country.

On 29-1-2010, the Bar Team went to District Jail Rohini, which is 12 Kms. away from Tihar Jail and met 04 Kashmiries lodged in the said jail. In 09 Jails of Tihar Jail, there are at present more than 12 thousand prisoners. There is, however, no paucity of space in the said jail for keeping more prisoners over there, but despite that, 1200 prisoners have been lodged in Rohini jail which is comparatively a new jail. Out of these 1200, four prisoners namely Tariq Ahmad Dar, Engineer Farooq Ahmad Khan, Abdul Gani and Mohammad Maqbool are from Kashmir. Mohammad Maqbool, Engineer Farooq Ahmad Khan and Abdul Gani are in jail for the last 14 years and there are also other accused persons of Lajpat Nagar Bomb Blast case. They told the Bar Team that 03 years before the evidence in their case was closed and there-after arguments were heard on several occasions by the court, but despite that, the judgement was not announced They said that because of this treatment of the India Institutions they have no trust or faith in Indian courts and, therefore, they cannot say as to what would be the judgement of the court in their case, though there is no cogent, credible or satisfactory evidence available on record against them.

Tariq Ahmad Dar, who has been shifted to Rohini jail from Jail No. 3 of Tihar Jail only 03 months back, told the Bar Team that he was arrested in 2005 near Pampore and thre-after brought to Delhi, where he was booked in three cases. Challan was produced in all the three cases along with other accused persons in the court and at present, evidence is being recorded in all the three cases. He stated that he has been kept along with Engineer Farooq Ahmad Khan and Abdul Gani in Chaki No. 5 which is 10’x8’ in dimension. He stated that they are using a space of 10’x22 ½’ from the said space as latrine and bath room and it is very difficult for them to accommodate themselves in the remaining space. He said that there is no sun shine in their Chaki and because of that, earlier they used to be allowed to sit in sun shine outside the Chaki for one hour which period has now been extended to 2 hours. He said that we are purchasing newspapers from our own money and if somebody sends a newspaper etc. by post, it reaches them.

Kashmiri prisoners lodged in Chaki No. 5 said very little about themselvers. They talked a lot about the situation in Kashmir and about the freedom struggle launched by the people of Kashmir against Indian Occupation. According to them, the movement is at a crucial juncture and if it is not given proper direction and the leadership does not play its role effectively, it will cause serious damage to the on going movement itself.

Tariq Ahmad Dar welcomed the idea of asking Abdul Rahman Geelani to select a team of lawyers in Delhi and told the Bar Team that he will discuss the issue with his other colleagues and inform the Bar Association about the same. With reference to the book of Zamrooda Habib, namely “Qaidi No.100”, he said that he has already given his view through a letter to Zamrooda Habib and has also sent a copy thereof to the newspapers for publication.

Mohammad Maqbool said that he has been kept along with two persons in Chaki No. 2. One of them is a Muslim and other a Hindu. He said that the Hindu prisoner is a criminal and he has been kept along with me in Chaki No. 2 only to see that I also follow suit to him, which is never possible.

After meeting 04 Kashmir prisoners in District Jail Rohini, the Bar Team went to Jail No. 2 to meet 05 Kashmiri prisoners lodged there. On the date we went to jail No. 2, there were 1315 prisoners lodged in the said jail, and out of those only 05 belonged to Kashmir. Those of the persons whom the Bar Team met in the said jail are Mohammad Afzal Kumar, Bilal Ahmad, Nissar Ahmad Mahmood Topi Walla and Showkat Ahmad Guru. The courts have sentenced all these 05 Kashmiris to various sentences.

Mahmood Topiwala had been sentenced to life imprisonment by the lower court but his sentence was reduced by the Supreme Court and brought down to 20 years. He was arrested in 1994 and till date he has spent 15 years in jail.

Showkat Ahmad Guru has been sentenced to 10 years rigorous imprisonment and to a fine of Rs. 25000/-.

Mohammad Afzal Kumar, Bilal Ahmad and Ansar Ahmad have also been sentenced to 10 years Rigorous imprisonment and a fine of Rs. 1.25 lakhs, each.

All the aforesaid persons have spent about 09 years in jail.

Mohammad Afzal Kumar, Bilal Ahmad and Ansar Ahmad have been sentenced to 10 years imprisonment and a fine of Rs. 1.25 lakhs each in the same case in which Adil Nazir, who is at present in Jail No. 4, has been given the same punishment. Out of these 03 persons, Mohammad Afzal Kumar was working as Junior Engineer in PW Department on the day of his arrest and Bilal Ahmad was undergoing MBA course in Delhi. They told the Bar Team that they have spent a huge amount on the prosecution of their case in Delhi and now they are not in a position to pay the fine. They said that if their fine is paid by Huriyat Conference or by any other person, it would be a great service towards the prisoners lodged in Tihar Jail, failing which, they will have to undergo 15 months more imprisonment in the jail They said that they were arrested on 2-1-2002 in Delhi when Mohammad Afzal Kumar and Ansar Ahmad had come to Delhi in connection with their business. They said that police involved them in a fictitious case and there-after filed a challan in the court, where due to lack of legal aid and advice, they were convicted and sentenced to 10 years imprisonment and a fine of Rs. 1.25 lakhs each. They said that the jail authorities take forced labour from them.

Mohammad Afzal Kumar said that he is an Engineer but the jail authorities are taking work of a carpenter from him. Bilal Ahmad said that though he is an MBA, yet jail authorities are asking him to do the paper machie work. They said that for this forced labour, they are paid Rs.40/- per day, but out of these Rs. 40/-, 25% amount is deducted on account of victim relief fund, which is given to Delhi government. They said that in a month they work for 10/15 days because of the Sundays and other Holidays, the factory remains closed. They said that if they fall ill and they have to go to a doctor or else somebody comes to meet them, then on that day, they are not asked to work.

Ansar Ahmad told the Bar Team that when he and Bilal Ahmad were arrested, their home people contacted Ghulam Ahmad Mir, who is involved in the infamous sex scandal case and he asked their home people to pay Rs. 4 lakhs to him so that he will get us bailed out. He could not, however, obtain our bail, but he grabbed our four lakh rupees. They said that Tahir Ahmad Mir, who is the son of a Retired Justice A.M.Mir, a former Judge of the J&K High Court and is practizing at Anantnag, demanded Rs. 15 lakhs from their home people for our release and also told them that in case they don’t pay Rs. 15 lacs to him, he will get us convicted and sentenced to death imprisonment.

Mahmood Topiwala, who is resident of Mamar Kangan and is in jail for the last 15 years, told the Bar Team that he was got arrested by his brother and after his arrest, his brother grabbed his entire land. He said that his wife and 04 minor daughters and a minor son are living in a very miserable condition. He said that the jail authorities are also taking forced labour from him and he is being made to work for furniture and is being paid Rs. 33/- for each day. He said that on 31-3-2009,a lawyer namely Moin-ud-Din Ansari came to meet me in jail and said that since he has prepared an affidavit for allowing his children to meet him, therefore, he should pay him Rs. 1000/-. He said that I told him that it takes Rs. 10/- to prepare an affidavit and it is not, therefore, possible for him to pay Rs. 1000/- to him. He said that on this there were heated arguments between him and the lawyer and because of this, the Dy. S.P. of the jail and his staff firstly abused him and then beat him mercilessly. He said that he had complained to the visiting Judge about the same, but later he withdrew his complaint because if he would not have done so, the jail people would have beat him every day. He said that since we are Kashmiries, therefore, the jail authorities are treating us ruthlessly both inside and outside the jail.

Showkat Ahmad Guru, told the Bar Team that he has been sentenced to 10 years rigorous imprisonment and a fine of Rs. 25000/- and as he has been kept in a high security ward, therefore, no remission is given to him by the jail authorities. He said that whatever is given to them for eating purposes, it is not eatable. He said that earlier for treating the prisoners, doctors would come from outside, but now for the last two years, outside doctors are also not coming to treat them. He said that the doctors of the jail are not so inefficient that their treatment hardly be called a treatment. He said that he has maintained contacts with Mohammad Afzal Guroo who is jail No. 3 by writing letters to him and in the jail, he is occasionally given a newspaper for reading purposes. In jail No. 2, there are two Pakistanis also, whose names are Tariq Gujar and Saiful Malook and both of them are detained in the said Jail under J&K Public Safety Act.

After spending three days in Tihar and Rohini jails and meeting the Kashmiri Prisoners in the said jails, the Bar Team has reached to the conclusion that the Kashmiri prisoners lodged in these jails do not get proper legal aid and assistance. The Delhi courts either prolong the cases of these prisoners or else convict and sentence them to various imprisonments despite there being no cogent, sufficient or credible evidence available against them on record. The lawyers who are engaged by these persons, after getting huge money from them, do not turn up later. They either remain absent from the courts or else send their juniors to prosecute the cases of these prisoners and thereby commit violation of the terms and conditions of the contract entered into by them with these persons. The junior lawyers who are new to the profession and have no experience of taking the cases of these persons forward, are not in a position to cross examine the witnesses and at times either they don’t cross examine them at all or their cross examination is so useless that it changes the very nature of the defence of those persons. The lawyers who are appointed by the courts for these prisoners always side with the Government rather than with their client.

In the jails where these prisoners are lodged, they are treated very badly. While other prisoners are given all kind of facilities, there is discrimination with Kashmiri prisoners all over. These Kashmiri prisoners are also got beaten by the jail authorities through criminals who also use surgical blades for inflicting injuries on them. The Kashmiri Prisoners are also not given medical treatment by the jail doctors. If any Kashmiri prisoner wants himself to be treated from an outside doctor, he is not allowed to be treated by him. All the Kashmiri prisoners who have been convicted and sentenced to various punishments, are being made to do forced labour in the jails on the jobs which are not commensurate to their status. Under Jail Rules, every prisoner who has been convicted and sentenced to any kind of punishment, is entitled to remission in his sentence, but the Kashmiri prisoners are not given the said remission also by the jail authorities. The other prisoners are allowed to go to their homes on parole, but this facility is also not available to the Kashmiri prisoners. If a Kashmiri prisoner wants to go to the court for purposes of getting permission from the court for going to his home on parole, his application is not allowed to reach to a court in time. The food given to these Kashmiri prisoners is also not clean. It is also hygienically poor. The quality and quantity of the food is not upto the mark. The food is also not given at appropriate time.

There is a canteen inside the jail, but if a Kashmiri prisoner wants to purchase anything from the canteen, it is given to him on exorbitant rates. If the family members of any prisoner brings some kind of food for that prisoner, it is checked in such a way that it does not remain worth eating. Meat is not permitted inside the jail. If some one brings meat for a Kashmiri prisoner, the jail authorities do not allow him to eat the said meat. Only Roti and Dal is permitted in the jail. Some times a piece of cheese is also given to these prisoners. The meat and chicken is not at all allowed in the jail. If any family member of a prisoner wants to meet him any prisoner, he has to apply in advance and if he wants to have another meeting on the next day, it is not permissible. The Kashmiri prisoners are kept in high security cells where there is no sun shine. Under International covenants, the prisoners have certain rights, but in Tihar Jail, no such right is available to a Kashmiri prisoner. Bharat which claims to be the biggest democracy of the world and champion of human rights, is exposed before the world community, because of the atrocities which its officers and officials of the jails are inflicting on Kashmiri prisoners in their jails.

On international level, the image of the Indian Democracy for the said reason has also got badly affected. How long India will treat the Kashmiri prisoners in such a way, is not known to any one but one thing is very clear that by using these war tactics, the Indian Government cannot succeed in suppressing or oppressing the people of Kashmir in achieving their goal of seeking freedom from Indian forcible occupation. They cannot break the will of the people of Kashmir by such illegal and inhuman methods. It is better for India to concede to the demands of the people of Jammu and Kashmir and allow them to exercise their right of self determination as is guaranteed to them by the United Nation Resolutions of 1948 and 1949, so that peace and tranquility is restored in the Sub-Continent and the people of India, Pakistan and J&K live a peaceful life.

M. A. Qayoom.
Aijaz Bedar,
G.N.Shaheen, General Secretary,
Tanveer Ahmad Bhat, Treasurer;
M.A.Dar, Executive Member;
Rafiq Ahmad Joo, Executive Member;
Mohammad Ashraf Bhat, Advocate; and
Arshad Andrabi, Advocate