Report of State Human Rights Commission: Overcrowded jails, slow trials torment prisoners

Report of State Human Rights Commission
Overcrowded jails, slow trials torment prisoners
Archit Watts
Tribune News Service

Jammu, April 6
The fundamental right of the prisoners of getting a speedy trial is being violated in Jammu and Kashmir, as three high security prisons across the state are overcrowded and the inmates often miss court hearings due to the lack of transportation facility.

Justice Syed Bashir-ud-Din, chairman of the Jammu and Kashmir State Human Rights Commission (JKSHRC), in his report submitted to the Legislative Council recently, had stated that the detainees revealed to the commission that they had been languishing in the jail for many years, as their cases had been pending for various reasons. The detainees said either they were not taken to the courts or produced before the judge or the disposal of their cases was inordinately delayed due to the protracted proceedings and an inapt dealing of the procedure.

The report also indicts the district police authorities for failing to send vehicles and deploy security for taking the detainees to the courts for hearing.

“The District Jail Jammu at Amphala, which has a capacity of 400 prisoners, has 575 inmates, including 113 foreign nationals. Similarly, the Central Jail Srinagar, which has a capacity of 300 prisoners, is housing 488 prisoners. The District Jail Baramulla having a capacity of 100 prisoners is accommodating 148 prisoners,” said the report.

Mahada Sheikh, 100, a resident of the Hajan area in Sumbal in Bandipora, had complained that no substantial proceedings were carried out in his case and he had been languishing in the jail even at the fag end of his life. He was facing trial in a case lodged against him at Sumbal police station. “He was not being taken to the court regularly due to the non-availability of transportation facility and police personnel to accompany him,” the report stated.

Besides Mahada Sheikh, many other inmates of these jails, who had been undergoing trial, had complained that they were languishing in the jails and were not being taken to the courts punctually, it said.

Noor-ul-Haq, a foreign national, complained that he was facing a trial in the court of the Judicial Magistrate, Kupwara, under Section 14 of the Foreigners Act, for the last two years. “He was not being taken to the court regularly and his trial was not concluded. When he complained to the jail authorities, he was told that transportation and security personnel to take him to the court were not available,” stated the report.

Even the Superintendent, District Jail Jammu, Amphala, admitted that he was facing a number of problems related to the health of inmates, prison discipline and management of the inmates because of overcrowding of jails.

“With the onset of summer, the problem is bound to aggravate,” it stated, adding that the jails were understaffed too. Only 121 security personnel were working at the District Jail Jammu at Amphala against the sanctioned strength of 165 personnel. The basic function of the commission was to visit the jails, study the living conditions of the inmates and make recommendations accordingly.